September 12, 2012 AgendaMIAMI BEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 12, 2012
Mayor Matti Herrera Bower
Vice-Mayor Jorge R. Exposito
Commissioner Michael Gongora
Commissioner Jerry Libbin
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
Interim City Manager Kathie G. Brooks
City Attorney Jose Smith
City Clerk Rafael E. Granado
Visit us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists,"
requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying
activity with the City Commission, any City Board or Committee, or any personnel as defined
in the subject Code sections. Copies of the City Code sections on lobbyists laws are
available in the City Clerk's Office. Questions regarding the provisions of the Ordinance
should be directed to the Office of the City Attorney.
Special note: In order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed.
In addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting
without reaching all agenda items.
Call to Order-9:00 a.m.
Inspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals and Deferrals
The City Commission will recess for lunch at approximately 1 :00 p.m.
Presentations and Awards Regular Agenda
PA Presentations and Awards R2 Competitive Bid Reports
R5 Ordinances
Consent Agenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments R 1 0 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and Informational Items
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, September 12, 2012
Presentations and Awards
PA 1 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department's Officers
Of The Month For May, June And July, 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Fire Department's Lifeguards
That Were Involved In A Heroic Act On July 18, 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
PA3 Proclamation To Be Presented In Honor Of Hispanic Heritage Month.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Recognition To Be Presented To Feinberg Fisher School And Biscayne
Elementary For Their International Baccalaureate Primary Year Program Authorization.
(Requested by Mayor Matti Herrera Bower)
PA5 Proclamation To Be Presented To Mango's Tropical Cafe For Its Donation Of K-9 Police Dogs To
The Miami Beach Police Department.
(Requested by Commissioner Jerry Libbin)
PA6 Certificate Of Appreciation To Be Presented To Dr. Richard Schulze For His Donation Of A K-9
Police Dog To The Miami Beach Police Department.
(Requested by Commissioner Jerry Libbin)
PA7 Proclamation To Be Presented To The Police Athletic League (PAL) For Their Programs
Supporting Miami Beach Students.
(Requested by Commissioner Jerry Libbin)
PAS Certificate Of Recognition To Be Presented To Millie Rogers, For Winning The 2012 Miami-Dade
Public Library System Teen Poetry Contest.
(Requested By Commissioner Michael Gongora)
PA9 Certificates Of Recognition To Be Presented To James And Ted Butler For Their Heroic Efforts In
Restraining A Rowdy And Irrational Man During A Screening Of The New Batman Movie At The
South Beach Regal Cinema In Late July, Following The Deadly Colorado Movie Theater
Massacre.
(Requested By Commissioner Michael Gongora)
PA 10 Proclamation Declaring September As Hunger Action Month, To Be Presented To Anthea
Pennant From Feeding South Florida.
(Requested By Mayor & Commissioners)
2
2
Commission Agenda, September 12, 2012
Presentations and Awards (Continued)
PA 11 Certificate Of Recognition To Be Presented To Luis Federico Ugarte, Participant In UNlOAD's
Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA12 Certificate Of Recognition To Be Presented To Miami Design Preservation League, Mr. Richard
Towers, Employer/Participant In UNlOAD's Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 -Competitive Bid Reports
C2A Request For Approval To Issue A Request For Proposals (RFP) For Call Center Services.
(Finance Department/Procurement)
C28 Request For Approval To Award Contracts To The Lowest And Best Bidders For Groups 1
Through 22, Pursuant To Invitation To Bid (ITS) No. 40-11/12, For Fencing Services For Various
City Departments; Awards Shall Be Based As Follows: Groups 1, 2, 3, 4, 5, 7, 8, 12, 14, 16, 18,
19, 20, And 21 To Ronald M. Gibbons, Inc.; And Groups 6, 9, 10, 11, 13, 15, 17, And 22 To
Artemisa Fence & Ornamental; For A Total Estimated Budgeted Annual Amount Of $90,000.
(Parks & Recreation/Public Works/Procurement)
C2C Request For Approval To Issue A Request For Proposals (RFP) For Electric Fireworks And
Pyrotechnics For The City Of Miami Beach Fourth Of July Event.
(Tourism & Cultural Development/Procurement)
C2D Request For Approval To Issue A Request For Proposals (RFP) For Maintenance And Security
Services For The Lincoln Road Mall Service Area.
(Public Works)
C2E Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 10-11/12, For The
Purchase And Delivery Of Rock, Soil, And Sand To The Following Vendors: Austin Tupler
Trucking Inc., Florida Superior Sand, Inc., G7 Holding, Inc., And Pro-Grounds Productions Inc., In
The Estimated Annual Amount Of $159,000.
(Parks & Recreation/Procurement)
3
3
Commission Agenda, September 12, 2012
C4 -Commission Committee Assignments
C4A Referral To The Neighborhood/Community Affairs Committee And The Marine Authority -
Discussion Of Establishing Parasailing Safety Standards.
(Requested by Vice-Mayor Jorge R. Exposito)
C4B Referral To The Neighborhood/Community Affairs Committee-Discussion Regarding Review Of
Hurricane Season And Seasonal Flooding Parking Policies.
(Requested by Commissioner Weithorn)
C4C Referral To The Neighborhood/Community Affairs Committee And Marine Authority-Discussion
Relating To The Creation Of A No Wake Zone Ordinance.
(Requested by Vice-Mayor Jorge R. Exposito)
C4D Referral To The Land Use And Development Committee -Discussion Concerning The Miami
Beach Human Rights Committee Resolution Regarding The Posting Of Public Notices.
(Requested By Commissioner Michael Gongora)
C4E Referral To The Land Use And Development Committee -Discussion Concerning The Motion
Regarding Hours Of Operation For Clubs And Bars During Special LGBT Events Passed By The
LGBT Business Enhancement Committee.
(Requested By Commissioner Michael Gongora)
C4F Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding "Green
Alleys" on Miami Beach.
(Requested by Commissioner Edward L. Tobin)
C4G Referral To The Neighborhood/Community Affairs Committee -Discussion Regarding Section 2-
459, Entitled "Certain Appearances Prohibited" Ordinance.
(Requested by Commissioner Edward L. Tobin)
C6 -Commission Committee Reports
C6A Report Of The Land Use And Development Committee Meeting Of July 25, 2012: 1) Discussion
Regarding A Resolution By The Historic Preservation Board To Modify The Code Governing The
Voluntary Designation Of Single Family Homes. 2) Reduced Parking Rates For Hotel Employees.
3) Discussion Regarding Not Charging Double Permit Fees For People Who Come Forward And
Request Permits For Work Done Without A Permit. 4) Discussion On Ways To Enhance The
Land Use Boards Of Miami Beach In Order To Improve The City Of Miami Beach Building And
Planning Department And Processes. 5) Discussion Regarding An Agreement With Marriott
Seville, For Improvements To And The Maintenance Of The 29th Street End And Traffic Circle
And For The Construction Of A Portion Of The Beachwalk. 6) Discussion Regarding A Proposed
Sewage Lift Station In 18th Street For The Shelbourne Hotel. 7) Discussion Regarding The
Commission Serving As The Evaluation Committee In Larger Significant Projects.
4
4
Commission Agenda, September 12, 2012
C6 -Commission Committee Reports (Continued)
C6B Report Of The Neighborhood/Community Affairs Committee Meeting Of July 30, 2012: 1)
Discussion & Update On The Citywide Dunes Maintenance Plan. 2) Discussion Regarding An
Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of
Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials,"
By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The Commission May
Propose The Establishment Of A Monument Or Memorial; B) The Mayor & Commissioners Shall
Each Be Limited To Proposing The Establishment Of One Monument Or Memorial Per Term Of
Elected Office; C) Any Person To Be Recognized By The Establishment Of A Monument Or
Memorial Must Be In Good Standing In The Community And If, After The Honor Is Bestowed, The
Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of The Person Shall Be
Removed From Such Monument Or Memorial Or The Monument Or Memorial Itself May Be
Removed, Without Any Resulting Liability To The City. 3) Special Events: A) Discussion
Regarding An Ordinance Amending Chapter 12 Of The Miami Beach City Code, Entitled "Arts,
Culture And Entertainment," By Amending Article II Thereof, Entitled "Special Events," By
Amending Section 12-5, "Special Events Permits" To Provide Clarification To Special Event
Applicants Under Provision (5); By Providing Enforcement And Penalties For The Violation Of
Section 12-5 As Set Forth In Provision (9). B) Discussion Regarding A Resolution Revising The
"Special Events Requirements And Guidelines," By Amending The Following Sections:
"Application Procedure," "Weddings And Ceremonies," "Product Promotion/Temporary Sampling",
"Minimum Requirements," "Internal Review Procedure," "External Review Procedure," "Vehicle
Access Policy," "Concession Agreements," "Use Of Public Property," "Enforcement And
Penalties;" And Further Amending The Special Event Fee Schedule, And Hereby Permitting And
Restricting Further Uses On Public Property. 4) Quarterly Reports Regarding Washington
Avenue. 5) Discussion Regarding A Resolution Directing That An Application For A Sidewalk
Cafe Permit For The Drexel Avenue And 16th Street Sidewalks In Front Of The Retail Spaces Of
The Park @ 420 Garage, Located At The Corner Of 16th Street & Drexel Ave. 6) Discussion
Regarding Whether The City Should Enter Into A New Lease Agreement With Design Miami To
Hold The December Design Miami Show In The Preferred Parking Lot, For Specific Dates In
2013, 2014, 2015, & 2016. 7) Discussion Regarding An Ordinance Amending Chapter 70 Of The
Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled
"Public Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-
Line Skating, And Motorized Means Of Transportation," By Amending Section 70-66, Entitled
"Definitions," By Adding A Definition For Bicycle Path; And By Amending Section 70-67, Entitled
"Prohibited Activities," By Amending The Prohibitions Regarding Motorized Means Of
Transportation, Including Electric Personal Assistive Mobility Devices (Also Known As Segways),
By Rewording The Provisions Therein And Conforming The Language To State Law; By
Restricting The Speed Of Electric Personal Assistive Mobility Devices To Six (6) MPH On All City
Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric
Personal Assistive Mobility Devices On Interior Pathways Within South Pointe Park And Collins
Park; By Amending Section 70-68, Entitled "Exemptions," By Exempting The Use Of Electric
Personal Assistive Mobility Devices By City Police And City Contracted Services From The
Restrictions Of Division II; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists
And Skaters," By Adding Responsibilities For Persons Operating Electric Personal Assistive
Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive
Mobility Devices; By Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties
In Addition To Existing Non-Criminal Infraction Penalties For The Violation Of Certain Provisions
In Chapter 70, Article II, Division II. 8) Discussion Regarding An Agreement With Marriott Seville,
For Improvements To And The Maintenance Of The 29th Street End And Traffic Circle And For
The Construction Of A Portion Of The Beachwalk. 9) Discussion Concerning The Flamingo Park
5
5
Commission Agenda, September 12, 2012
Neighborhood Becoming Florida's Most Pedestrian Friendly Neighborhood. 10) Discussion
Regarding The Issue Of The Correct Policy For Internal Affairs Investigations. 11) Discussion
Regarding Collins Canal Centennial Celebration. 12) Quarterly Crime Statistics.
C6C Report Of The Capital Improvement Projects Oversight Committee Meeting Of April 9, 2012: 1)
Attendance. 2) Review And Acceptance Of Minutes. 3) Public Comments. 4) Old
Business/Requested Reports: A. North Beach Neighborhoods: 1. Status Report: Normandy Isle
Neighborhood; 2. Discussion On Biscayne Point Neighborhood Improvement Project; Approved
Commission Item: B. Middle Beach Neighborhoods: 1. Status Report: Sunset Islands I & II; 2.
Status On Sunset Islands Ill & IV; 3. Status On Lower North Bay Road C. South Beach
Neighborhoods: 1. Status Report: Venetian Islands; 2. Status Report: Palm & Hibiscus Island
Undergrounding. 5) Commission Items A. Undergrounding Of Overhead Utilities On Hibiscus
Island; B. Installation Of Parking Equipment In The Sunset Harbour Parking Garage.
C6D Report Of The Finance And Citywide Projects Committee Meetings Of July 9, July 10, July 25,
And August 22, 2012:
July 9, 2012 1) Discussion: Status Update On FY 2012/13 General Fund Operating Budget. 2)
Overview Of Right Of Way Projects. 3) Amendment To The Bayshore Neighborhood Basis Of
Design Report. 4) Discussion Of Normandy Shores Park Tot-Lot/Playground Project Conversion
To Fitness Circuit/Passive Open Space Park Project. 5) Discussion Regarding Establishing New
Recycling Bins. 6) The Wolfsonian-FIU Washington Avenue Initiative. 7) Discussion: Other Public
Requests. 8) Discussion: FY 2012/13 Capital Projects Prioritization. 9) Proposed Capital Renewal
And Replacement Projects. 10) Proposed Information And Communications Technology Fund
Projects.
July 10, 2012: 1) Proposal For Increased Rates For The Botanical Garden. 2) Discussion Of The
Current Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses,
And Related Facilities And Options/Direction For The Future Management Agreement. 3) Status
On Building Development Process Fees. 4) Mass Transit Connectivity Study. 5) Miami Beach
Mass Transit Loop.
July 25, 2012: 1) Discussion Of FY 2012/13 Capital Project Prioritization Status Update. 2) Repair
And Reconstruction Of Seawalls. 3) Collins Canal Seawall Repair/Dade Boulevard Bike Plan. 4)
Wolfsonian-FIU Master Plan/Washington Avenue Enhancement Plan. 5) Discussion Of Parking
Lot Projects. 6) Discussion Of Scope And Anticipated Results From The Proposed Transportation
Improvement And Implementation Plan. 7) Proposed Capital Renewal And Replacement
Projects. 8) Proposed Information And Communications Technology Fund Projects. 9)
Presentation Regarding The Use Of Public Surveillance Cameras. 1 0) Review Of Duties -Office
Of The City Clerk. 11) Discussion Regarding Festival Of The Arts. 12) Budget Briefing
Discussion: Status Update On FY 2012/13 General Fund Operating Budget. 13) Discussion Of
Proposed Law Enforcement Trust Fund Projects.
August 22. 2012: 1) Discussion: Status Update On FY 2012/13 General Fund Operating Budget.
2) Status Report From The Engineering Company Assigned To Do The City's Citywide
Stormwater Master Plan. 3) Discussion Regarding Utility Rates. 4) Discussion Regarding Building
Fees 10% Impact.
6
6
Commission Agenda, September 12, 2012
C6 -Commission Committee Reports (Continued)
C6E Report Of The Finance And Citywide Projects Committee Meeting Of July 26, 2012: 1)
Discussion Regarding A Proposed Ordinance On Ethics Guidelines For Acceptance Of Gifts,
Favors, Or Services By City Employees. 2) Discussion Regarding Development Of Criteria And
Procedures For Use Of The Commission Chamber. 3) Discussion Regarding A Proposed
Municipal Marketing Program For South Pointe Park, And An Update On Other Potential
Municipal Marketing Partnerships.
C7 -Resolutions
C7 A A Resolution Approving And Authorizing The City Manager Or Her Designee: 1) To Submit A
Grant Application To Miami-Dade County Emergency Medical Services For Funding In The
Approximate Amount Of $20,000 To Improve And Expand Pre-Hospital Emergency Medical
Services; 2) To Submit A Grant Application To Florida Highway Beautification Council Grant
Program And Enter Into A Landscape Construction, And Maintenance Memorandum Of
Agreement With The Florida Department Of Transportation For Funding In The Approximate
Amount Of $100,000 For Landscaping On Collins Avenue And $70,000 For Landscaping On
Alton Road; 3) To Submit A Grant Application To Florida Department Of Environmental
Protection, Recreational Trails Program In The Approximate Amount Of $75,000 For The Middle
Beach Recreational Corridor; 4) To Submit A Grant Application To The National Alliance For
Accessible Golf In The Approximate Amount Of $10,000 For The City's Accessible Golf Program;
And 5) To Submit A Grant Application To Florida Junior Golf Council In The Approximate Amount
Of $10,000 For The Normandy Shores Youth Golf Clinic; Appropriating The Above Grants,
Matching Funds, And City Expenses Related To The Above Projects As Necessary, If Approved
And Accepted By The City, And Authorizing The Execution Of All Documents Related To These
Applications.
(Budget & Performance Improvement)
C7B A Resolution Accepting The Recommendation Of The Interim City Manager Pertaining To The
Ranking Of Firms, Pursuant To Request For Qualifications (RFQ) No. 38-11/12, For Professional
Engineering Services To Provide, On An "As-Needed" Basis, Construction Management Support
Of Right-Of-Way Capital Improvement Projects; And Further Authorizing The Mayor And City
Clerk To Execute Agreements Upon Conclusion Of Successful Negotiations By The
Administration With The Three Top-Ranked Proposers: COM Smith, Inc., Atkins North America,
Inc., And AECOM Technical Services, Inc. As The Primary, Secondary, And Tertiary Firms
Respectively; And Should The Administration Be Unable To Negotiate An Agreement With Any
Of The Top-Ranked Firms, Authorizing The Administration To Negotiate With The Fourth-Ranked
Firm Of PCL/Pirtle, A Joint Venture, As The Tertiary Firm.
(Capital Improvement Projects/Procurement)
7
7
Commission Agenda, September 12, 2012
C7 -Resolutions (Continued)
C7C Appointment Of Chief Special Master
1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Reappointment Of
Abraham Laeser, Esq., To Serve As Chief Special Master, For A Term Commencing On
September 15, 2012 And Ending On March 14, 2013; Provided Further That Chief Special
Master Laeser Shall Be Authorized To Hold Hearings And Impose Fines, Liens And Other
Non-Criminal Penalties Against Violators Of The City And County Codes And Ordinances,
And Shall Also Be Authorized To Appoint Such Other Special Masters As May
Reasonably Be Required To Conduct The Subject Hearings; And Further Incorporating All
Other Matters Set Forth Within Chapter 30 Of The City Code, Including, Without
Limitation, Sections 30-37 And 30-38 Thereof, Concerning The Compensation And Duties
Of The Chief Special Master.
2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code,
Abraham Laeser, Esq. (Chief Special Master Appointed Pursuant To Resolution No.
______ ), As The City Manager's "Designee" Under Section 102-356 Of The City
Code; Said Designation Commencing With Mr. Laeser's Term As Chief Special Master On
September 15, 2012 And Ending On March 14, 2013.
(City Clerk's Office)
(Deferred from July 18, 2012/Referred to City Attorney's Oversight Committee)
C7D A Resolution Urging The Florida Building Commission To Adopt An Amendment To The Florida
Building Code Giving All Municipalities The Authority To Waive The Mandated Double Permit Fee
For Work Performed Without A Permit, Subject To The Building Official's Discretion Where
Equitable Circumstances Are Presented.
(Building Department/City Attorney's Office)
C7E A Resolution Approving A Settlement For $13,500 In Exchange For A Release Of A City Lien On
Property Owned By AB International Holdings LLC, Located At 850 W 40th Street, Miami Beach,
Florida, In The Original Amount Of $29,400, And Further Authorizing The City Manager To Take
Such Action And Execute Any And All Necessary Documents To Complete Such Release Of Lien
And Settlement.
(City Attorney's Office/Finance Department)
C7F A Resolution Approving The Settlement In The Amount Of $45,000 For City Liens On Property
Owned By Plaza Hotel, LLC, Located At 418-422 Meridian Avenue And 426 Meridian Avenue,
Miami Beach, Florida, In The Original Amount Of $338,522.46, And Further Authorizing The City
Manager To Take Such Action And Execute Any And All Necessary Documents To Complete
Such Lien Release And Settlement.
(City Attorney's Office/City Manager's Office)
8
8
Commission Agenda, September 12, 2012
C7 -Resolutions (Continued)
C?G A Resolution Authorizing The Issuance Of A Request For Letters Of Interest (RFLI) In
Anticipation Of Pursuing Grant Opportunities Through The Children's Trust, And State And
Federal Funding Agencies, And Private Foundations; And Authorizing The City Manager Or Her
Designee To Execute Memoranda Of Understanding With Selected Entities, In Furtherance Of
And Consistent With The Aforestated Funding Opportunities.
(Community Services)
C?H A Resolution Accepting The Recommendation Of The City Manager To Award A Contract
Pursuant To Request For Proposals No. 55-11/12 For The Acquisition Of A Mobile And/Or
Handheld License Plate Recognition (LPR) Parking Enforcement System (The RFP); Authorizing
The Administration To Enter Into Negotiations With Parktrak For The Handheld LPR Parking
Enforcement System; Authorizing The Mayor And City Clerk To Execute An Agreement With The
Proposer Upon Completion Of Negotiations By The Administration.
(Parking Department/Procurement)
C?l A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At Their July 10, 2012 Meeting, To Extend The Current Management Agreement With
Professional Course Management II, L TO. (PCM), Which Expires On September 30, 2012, On A
Month-To-Month Basis Until Such Time As A New Management Agreement For The
Management And Operations Of The City Of Miami Beach Golf Courses, Clubhouses And
Related Facilities Is Authorized By The City Commission.
(Parks & Recreation)
C? J A Resolution Authorizing The City Manager And City Clerk To Execute A New, Multi-Jurisdictional
Voluntary Cooperation Mutual Aid Agreement, By The City Of Miami Beach, On Behalf Of The
Miami Beach Police Department, For The Purpose Of Participating In The South Florida Money
Laundering Strike Force Which Is Dedicated To The Intensive And Preventative Investigations Of
Illegal Money Laundering And Drug Trafficking Operations Throughout South Florida.
(Police Department)
C?K A Resolution Authorizing The City Manager, And City Clerk To Execute A Memorandum Of
Understanding, On Behalf Of The Miami Beach Police Department, Between The City Of Miami
Beach, The Metropolitan Police Department Of Washington D.C. And The United States Attorney
For The District Of Columbia, For The Purpose Of Participating In The Presidential Inauguration
Task Force, To Provide Crowd Control And Security For The 2013 United States Presidential
Inauguration In Washington D.C. From January 16, 2013 Through January 22, 2013.
(Police Department)
9
9
Commission Agenda, September 12, 2012
C7 -Resolutions (Continued)
C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Letter Of
Agreement Between The City Of Miami Beach And The State Of Florida, Through Its Agency For
Health Care Administration (The "LOA"), And Appropriating $250,000 Subject To And
Conditioned Upon A Formal Written Acknowledgement By Mt. Sinai Medical Center That The
City's Approval And Execution Of The Aforestated LOA Satisfies And Releases The City's
Obligations Under The 2008 Memorandum Of Understanding Between The City Of Miami Beach
And Mt. Sinai To Provide "Workforce Housing' In The Lowenstein Building (The"MOU").
(Finance Department)
C7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To Request For Qualifications (RFQ) No. 57-11/12, For The Purpose Of
Conducting The Required 40-Year Building Recertification And Subsequent 10-Year Building
Recertification, As Required By Miami-Dade County Code; Authorizing The Administration To
Enter Into Negotiations With The Top-Ranked Proposer, Douglas Wood Associates/Gartek
Engineering; And Should The Administration Not Be Able To Successfully Negotiate An
Agreement With The Top-Ranked Proposer, Authorizing The Administration To Negotiate With
The Second-Ranked Proposer, Eastern Engineering Group; And Should The Administration Not
Be Successful In Negotiating With The Second-Ranked Proposer, Negotiate With The Third-
Ranked Proposer, M2E Consulting Engineers As Needed Respectively; And Further Authorizing
The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful
Negotiations By The Administration.
(Public Works/Procurement)
C7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Declaration
Regarding Improvements And Maintenance Of Traffic Circle Areas Within The Right-Of-Way And
Public Beach Walk And Exchange Of Easements Related Thereto, With Seville Acquisition, LLC,
Owner Of The Marriott Seville, For Improvements To And The Maintenance Of The 29th Street
Streetend And Traffic Circle, And For The Construction Of A Portion Of The Beachwalk.
(Public Works)
C70 A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Locally Funded
Agreement In The Amount Of $126,530, And A Maintenance Memorandum Of Agreement, With
The Florida Department Of Transportation, For The Construction And Maintenance Of Proposed
Decorative Pedestrian Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part
Of The State Road A 1A/Collins Avenue Project, From 5th Street To Lincoln Road.
(Public Works)
C7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Joint
Participation Agreement, A Utility Work By Highway Contractor Agreement, Utility Work By A
Contractor Memorandum Of Agreement, And A Stormwater Pump Stations And Pollution Control
Structures Maintenance Memorandum Of Agreement, With The Florida Department Of
Transportation, For The Construction Of Drainage Improvements Along 10 Street, Watermain
Improvements Along Alton Road, And Maintenance Of Pump Station And Pollution Control
Structures, As Part Of The State Road 907/Aiton Road Project From 5th Street To Michigan
Avenue.
(Public Works)
10
10
Commission Agenda, September 12, 2012
C7 -Resolutions (Continued)
C7Q A Resolution Authorizing The Mayor And City Clerk To Execute A Grant Of Easement With
Shelborne Ocean Beach Hotel Condominium Association, Inc., Owner Of The Property Located
At 1801 Collins Avenue, For A Lift Station And Associated Connection To City's Sanitary Sewer
System In The Public Right-Of-Way, On The North Side Of 18th Street, East Of Collins Ave., With
A Total Area Of 527 Square Feet.
(Public Works)
C7R A Resolution Approving And Authorizing The City Manager To Execute A Renewal Of The
Sovereignty Submerged Lands Fee Waived Lease Renewal (BOT File No. 130037916) For A
Four (4)-Siip Docking Facility At The North Shore Police Substation By And Between The City Of
Miami Beach, As Lessee, And The Board Of Trustees Of The Internal Improvement Trust Fund
Of The State Of Florida, As Lessor; Said Lease Renewal Having A Term Of Five (5) Years,
Retroactively Commencing On May 17, 2012 And Ending On May 17, 2017.
(Real Estate, Housing & Community Development)
C7S A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At Its May 17, 2012 Meeting To Extend, On A Month-To-Month Basis, The Management And
Operating Agreements Between The City And The Market Company For The Operation Of The
Green Markets On Lincoln Road And Normandy Isle And Between The City And Production Sud,
Inc., For The Operation Of The Antique And Collectibles Market On Lincoln Road, For A Period
Not To Exceed Eight (8) Months, Commencing On October 1, 2012 And Ending No Later Than
May 31, 2013; And, Authorizing The City To Proceed In Preparing And Issuing A Request For
Proposals (RFP) For The Management And Operation Of Street Markets In Miami Beach At
Various Locations.
(Real Estate, Housing & Community Development)
End of Consent Agenda
11
11
Commission Agenda, September 12, 2012
REGULAR AGENDA
R5 -Ordinances
R5A An Ordinance Amending Chapter 70 Of The Miami Beach City Code Entitled "Miscellaneous
Offenses," By Amending Article II, Entitled "Public Places"; By Amending Division II, Entitled
"Bicycling, Skateboarding, Roller Skating, In-Line Skating, And Motorized Means Of
Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition For
Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive
Mobility Devices (Also Known As Segways), By Rewording The Provisions Therein And
Conforming The Language To State Law; By Restricting The Speed Of Electric Personal
Assistive Mobility Devices To Six (6) MPH On All City Sidewalks, Sidewalk Areas, And Bicycle
Paths; And By Prohibiting The Operation Of Electric Personal Assistive Mobility Devices On
Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By
City Police And City Contracted Services From The Restrictions Of Division II; By Amending
Section 70-69, Entitled "Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities
For Persons Operating Electric Personal Assistive Mobility Devices; By Amending Section 70-70,
Entitled "Penalties," To Provide For Responsibilities Of Businesses Providing Rentals And Tours
Of Electric Personal Assistive Mobility Devices; By Creating Section 70-71, To Be Entitled
"Penalties" To Provide Civil Penalties In Addition To Existing Non-Criminal Infraction Penalties
For The Violation Of Certain Provisions In Chapter 70, Article II, Division II; Providing For
Repealer; Severability; Codification; And An Effective Date. 10:35 a.m. Second Reading, Public
Hearing
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(Continued from June 6, 2012/Referred to NCAC)
R5B An Ordinance Amending Chapter 82, Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article VI, Entitled "Naming Of Public Facilities And Establishment Of
Monuments Or Memorials," By Amending Section 82-504, Entitled "Monuments Or Memorials,"
By Adding Criteria To Provide That: A) Only The Mayor Or A Member Of The City Commission
May Propose The Establishment Of A Monument Or Memorial; B) The Mayor And City
Commissioners Shall Each Be Limited To Proposing The Establishment Of One Monument Or
Memorial Per Term Of Elected Office; C) Any Person To Be Recognized By The Establishment
Of A Monument Or Memorial Must Be In Good Standing In The Community And If, After The
Honor Is Bestowed, The Person Is Convicted Or Adjudicated Guilty Of A Felony, The Name Of
The Person Shall Be Removed From Such Monument Or Memorial Or The Monument Or
Memorial Itself May Be Removed, Without Any Resulting Liability To The City; And Providing For
Repealer, Severability, Codification, And An Effective Date. 11 :00 a.m. Second Reading Public
Hearing
(Requested by the Neighborhood/Community Affairs Committee)
(Legislative Tracking: Parks & Recreation)
(Continued from July 18, 2012/Referred to NCAC)
12
12
Commission Agenda, September 12, 2012
R5 -Ordinances (Continued)
R5C An Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled
"Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By
Creating Division 33, To Be Entitled "Tennis Advisory Committee," And By Creating Section 2-
190.148 To Create A Tennis Advisory Committee And Provisions Establishing The Committee
And Its Purpose, Powers And Duties, Composition, And Supporting Department; And Providing
For Repealer, Severability, Codification, And An Effective Date. 11:10 a.m. Second Reading
Public Hearing
(Requested by Commissioners Michael Gongora & Jonah Wolfson)
(Legislative Tracking: Parks & Recreation)
(First Reading on July 18, 2012)
R5D Private Parking Facilities With Automated Payment Machines
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106,
"Traffic And Vehicles"; Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles
Parked On Private Property; Towing"; Requiring Notification Of Private Property And Automated
Payment Machine Use; Providing For Codification, Repealer, Severability And An Effective Date.
11 :20 a.m. Second Reading Public Hearing
(Requested by Commissioner Jerry Libbin)
(Legislative Tracking: Parking Department)
(First Reading on July 18, 2012)
R5E Artificial Grass (With Restrictions)
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay
Districts," Division 2, "Dune Preservation Overlay," By Amending Section 142-774, "Uses And
Structures Permitted," To Establish Policies Regarding The Installation Of Synthetic Grass;
Providing For Repealer, Codification, Severability And An Effective Date. 11:30 a.m. Second
Reading Public Hearing
(Requested By Commissioner Jonah Wolfson)
(Legislative Tracking: Planning Department)
(First Reading on July 18, 2012)
R5F An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of
The City Of Miami Beach, Florida (The "Ordinance"}, By Amending The Salary Ranges and
Establishing Compensation Provisions For The City Manager And The Attorney; Providing For
Repealer, Severability, Codification, And An Effective Date. 11:40 a.m. Second Reading Public
Hearing
(Requested by Commissioner Jonah Wolfson)
(Legislative Tracking: City Attorney's Office)
(First Reading on July 18, 2012/Referred to FCWPC)
13
13
Commission Agenda, September 12, 2012
RS -Ordinances (Continued)
R5G Ordinances Modifying The Building, Fire, Planning And Public Works Departments Fees Related
To The Building Development Process Implemented On February 1, 2010.
1. An Ordinance Amending Section 14-61 "Permit Fees", Section 14-62 "Building Permits",
And That Portion Of Appendix A Of The City's Code Of Ordinances By Modifying
Inspection Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other
Building Department Activities; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading
2. An Ordinance Amending Section 50-3 "Plans Examination, Inspections, Permits" And That
Portion Of Appendix A Of The City's Code Of Ordinances By Modifying Inspection Fees
For Building, Plumbing, Electrical, And Mechanical Work, And For Other Fire Department
Activities; Providing For Repealer, Severability, Codification, And An Effective Date. First
Reading
3. An Ordinance Amending Section 15-32 "Fees", 15-40 "Refunds", 15-42 "Adjusted Rates"
And That Portion Of Appendix A Of The City's Code Of Ordinances By Modifying Zoning
Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Planning
Department Activities; Providing For Repealer, Severability, Codification, And An Effective
Date. First Reading
4. An Ordinance Amending Section 98-92 "Permit Fees", Section 98-94 "Refunds", And
That Portion Of Appendix A Of The City's Code Of Ordinances By Modifying Inspection
Fees For Building, Plumbing, Electrical, And Mechanical Work, And For Other Public
Works Department Activities; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Building Department)
(Item submitted in a separate "Budget Related Items" book)
R5H An Ordinance Amending The Miami Beach City Code By Amending Chapter 90, Entitled "Solid
Waste," By Amending Article IV, Entitled "Private Waste Contractors," By Amending Division 3,
Entitled "Franchise," By Amending Section 90-230 Entitled "Term Of Franchise Agreements;
Initial Term; Renewal Term," To Provide That Prior To The Expiration Of The Initial Term Of A
Franchise Agreement, The City Commission May Agree To Renew Term Of An Existing
Franchise Agreement, For Up To An Additional Three Year (3) Renewal Term; And Providing For
Repealer, Severability, Codification, And An Effective Date. First Reading
(Requested by City Commission)
(Legislative Tracking: Public Works)
14
14
Commission Agenda, September 12, 2012
R7 -Resolutions
R7 A 1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.1122 Mills For General
Operating Purposes, Which Is Eight And Eight-Tenths Percent (8.8%) More Than The "Rolled-
Back" Rate Of 5.6184 Mills; And 2) The Debt Service Millage Rate Of 0.2568 Mills; Further
Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY) 2012/13,
On Thursday, September 27, 2012 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
R7 A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem
Taxes, Enterprise, And Internal Service Funds For Fiscal Year 2012/13 Subject To A Second
Public Hearing Scheduled On Thursday, September 27, 2012 At 5:01 p.m. 5:01 p.m. First
Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
R7B1 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Adopting The Tentative Ad Valorem Millage Of 1.1444 Mills
For Fiscal Year (FY) 2012/13 For The Normandy Shores Local Government District, Which Is
Thirteen And Seven-Tenth Percent (13.7%) More Than The "Rolled-Back" Rate Of 1.0063 Mills,
Subject To A Second Public Hearing Scheduled On Thursday, September 27, 2012 At 5:02p.m.
5:02 p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood Improvement District Adopting The Tentative Operating Budget For Fiscal Year
(FY) 2012/13 Subject To A Second Public Hearing Scheduled On Thursday, September 27, 2012
At 5:02p.m. 5:02p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
R7C A Resolution Granting An Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC,
Owners Of The Properties Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420
Collins Avenue, Following A Duly Noticed Public Hearing, For A Proposed Subsurface Parking
Garage, That Spans The Entire Width Of The 50-Foot Public Right-Of-Way Of 34th Street For A
Length Of Approximately 93 Feet. 10:45 a.m. Public Hearing
(Public Works)
R7D A Resolution Granting A Revocable Permit To Seville Acquisition, LLC, As The Owner Of The
Property Located At 2901 Collins Avenue, Following A Duly Noticed Public Hearing, To Allow For
Decorative Concrete Eyebrows To Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-
Way On 29th Street And To Extend 3 Feet Into And 354 Feet Along The Public Right-Of-Way On
30th Street. 10:50 a.m. Public Hearing
(Public Works)
15
15
Commission Agenda, September 12, 2012
R7 -Resolutions (Continued)
R7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Grant Of
Easement For Air Rights With CG Tides, LLC, CG Tides Village, LLC, And CG Tides Village I,
LLC, For A Proposed Elevated Pedestrian Bridge Spanning The 20-Foot Public Right-Of-Way Of
Ocean Court (At A Width Of 9'1" With A Minimum Vertical Height Of 16 Feet Above Ocean
Court). 10:55 a.m. Public Hearing
(Public Works)
R7F A Resolution Adopting The Certification Of The Official Results Of The August 14, 2012 Special
Election For The City Of Miami Beach Ballot Questions, And Declaring Results Thereof.
(City Attorney's Office)
R7G A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed
Maximum Price (GMP) Amendment No. 1 To The Pre-Construction Services Agreement With
The Weitz Company, Dated April 5, 2012, For Construction Management At Risk Services For
The South Pointe Park Pier Project, In The Amount Of $4,809,017 With Funding For This
Amendment Previously Appropriated As Follows: $1 ,442,417 From The South Pointe Capital
Fund 389; And $3,366,600 From The South Pointe COT Agreement Rev/Municipal Resort Tax
Fund 388.
(Capital Improvement Projects)
R7H A Resolution Repealing City Of Miami Beach Resolution No. 93-20694 Which Established The
City's Complimentary Ticket Policy, And Substituting Therefor A Comprehensive Policy
Statement Of The City Of Miami Beach Regarding Its Use And Distribution Of City Tickets To
Events And Productions Occurring At City-Owned Venues And/Or City-Sponsored Events.
(City Manager's Office/City Attorney's Office)
R71 A Resolution Accepting The Recommendation Of The City Manager To Reject All Proposals
Received Pursuant To Request For Proposals (RFP) 39-11/12 For Catering And Concession
Services For The Miami Beach Convention Center; Approving A One-Year Extension Of The
Current Catering And Concessions Services Agreement Between The City And Service America
Corporation D/B/A Centerplate For The Miami Beach Convention Center, With Said Extension
Commencing On October 1, 2012, And Terminating, For Convenience And Without Cause On
September 30, 2013; And Further Referring To The Finance And Citywide Projects Committee A
Discussion Regarding The Issuance Of Request For Proposals (RFP) For Catering And
Concession Services For The Miami Beach Convention Center.
(Tourism & Cultural Development)
16
16
Commission Agenda, September 12, 2012
R9 -New Business and Commission Requests
R9A Board And Committees.
(City Clerk's Office)
R9A 1 Board And Committee Appointments -City Commission Appointments.
(City Clerk's Office)
R9B1 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (5:30 p.m.)
R9C Discussion Regarding North Beach Quality Of Life And Food Trucks.
(Requested by Commissioner Edward L. Tobin)
(Not Reached on July 18, 2012)
R9D Discussion Regarding The Convention Center.
(Requested by Commissioner Edward L. Tobin)
(Not Reached on July 18, 2012)
R9E Miami Beach Police Athletic League (PAL) Investigation By The Miami-Dade Police Department
Public Corruption Investigations Bureau.
(City Attorney's Office)
R9F Discussion On The Status Update Regarding Renewal Of Towing Permits, Amendments To The
Administrative Rules And Regulations For The Police And Parking Towing Permits, And Rates Or
Charges Associated With Towing.
(Requested by Commissioner Jonah Wolfson)
R9G Discussion Regarding A Resolution Urging And Encouraging The Florida Legislature To Enact
Further Legislation Banning The Marketing, Possession, Sale, Or Manufacture Of "Bath Salts"
Containing Dangerous Synthethic Drugs Or Chemicals, And Urging And Encouraging The United
States Drug Enforcement Administration (DEA) To Make Its One Year Ban On Three Synthetic
Drugs Used To Make Bath Salts A Permanent Ban.
(Requested by Commissioner Deede Weithorn)
R9H Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez.
(City Attorney's Office)
R91 The Committee Of The Whole Will Meet During Lunch Recess Of The September 12, 2012,
City Commission Meeting At The City Manager's Office Large Conference Room To Discuss
The Overview Of Job Audit For Classification Of Office Associate V In The Office Of The
Mayor And Commission.
(Mayor & Commission)
17
17
Commission Agenda, September 12, 2012
R9 -New Business and Commission Requests (Continued)
R9J Update To The June 6, 2012, Commission Memorandum On Public Towing Permits.
(Parking Department)
R9K Discussion On The Status Of The City Manager's Recruitment.
(City Manager's Office)
R9L Discussion Regarding A Resolution Supporting A Ban On Texting And Driving.
(Requested by Commissioner Jerry Libbin)
R1 0 -City Attorney Reports
R 1 OA City Attorney's Status Report.
(City Attorney Office)
R 1 OB Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, September 12, 2012, In The City
Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To
Collective Bargaining.
Reports and Informational Items
Reports And Informational Items (see LTC 228-2012)
End of Regular Agenda
18
18
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
HOW A PERSON MAY APPEAR BEFORE THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
THE REGULARLY SCHEDULED MEETINGS OF THE CITY COMMISSION ARE ESTABLISHED BY RESOLUTION. SCHEDULED
MEETING DATES ARE AVAILABLE ON THE CITY'S WEBSITE, DISPLAYED ON MBTV 77, AND ARE AVAILABLE IN THE CITY
CLERK'S OFFICE. COMMISSION MEETINGS COMMENCE NO EARLIER THAN 9:00 A.M. GENERALLY THE CITY·
COMMISSION IS IN RECESS DURING THE MONTH OF AUGUST.
1. DR. STANLEY SUTNICK CITIZENS' FORUM will be held during the first Commission meeting each month. The Forum is
split into two (2} sessions, 12:30 p.m. and 5:30 p.m., or as soon as possible thereafter, provided that the Commission
Meeting has not already adjourned prior to the time set for either session of the Forum. In the event of adjournment prior
to the Stanley Sutnick Citizens' Forum, notice will be posted on MBTV 77, and posted at City Hall. Approximately thirty
(30} minutes will be allocated for each session, with individuals being limited to no more than three (3} minutes or for a
time period established by the Mayor. No appointment or advance notification is needed in order to speak to the
Commission during this Forum.
2. Prior to every Commission meeting, an Agenda and backup material are published by the Administration. Copies of the
Agenda may be obtained at the City Clerk's Office on Thursday morning prior to the regularly scheduled City Commission
meeting. The Agenda and backup materials are also available on the City's website: www.miamibeachfl.gov the Thursday
prior to a regularly scheduled City Commission Meeting.
3. Any person requesting placement of an item on the Agenda must provide a written statement with his/her complete address
and telephone number to the Office of the City Manager, 1700 Convention Center Drive, 4th Floor, Miami Beach, Fl 33139,
briefly outlining the subject matter of the proposed presentation. In order to determine whether or not the request can be
handled administratively, an appointment may be scheduled to discuss the matter with a member of the City Manager's staff.
"Requests for Agenda Consideration" will not be placed on the Agenda until after Administrative staff review. Such review will
ensure that the issue is germane to the City's business and has been addressed in sufficient detail so that the City Commission
may be fully apprised. Such written requests must be received in the City Manager's Office no later than noon on Monday of
the week prior to the scheduled Commission meeting to allow time for processing and inclusion in the Agenda package.
Presenters will be allowed sufficient time, within the discretion of the Mayor, to make their presentations and will be limited to
those subjects included in their written requests.
4. Once an Agenda for a Commission Meeting is published, persons wishing to speak on item(s} listed on the Agenda, other than
public hearing items and the Dr. Stanley Sutnick Citizens Forum, should call or come to City Hall, Office of the City Clerk,
1700 Convention Center Drive, telephone (305)673-7 411, before 5:00p.m., no later than the day prior to the Commission
meeting and give their name, the Agenda item to be discussed, and if known, the Agenda item number.
5. All persons who have been listed by the City Clerk to speak on the Agenda item in which they are specifically interested, and
persons granted permission by the Mayor, will be allowed sufficient time, within the discretion of the Mayor, to present their
views. When there are scheduled public hearings on an Agenda item, IT IS NOT necessary to register at the City Clerk's
Office in advance of the meeting. All persons wishing to speak at a public hearing may do so and will be allowed sufficient
time, within the discretion of the Mayor, to present their views.
6. If a person wishes to address the Commission on an emergency matter, which is not listed on the Agenda, there will be a
period allocated at the commencement of the Commission Meeting when the Mayor calls for additions to, deletions from, or
corrections to the Agenda. The decision as to whether or not the matter will be heard, and when it will be heard, is at the
discretion of the Mayor. On the presentation of an emergency matter, the speaker's remarks must be concise and related to a
specific item. Each speaker will be limited to three minutes, or for a longer or shorter period, at the discretion of the Mayor.
F:\CLER\CLER\CITYCLER\sutnick. v21.doc
19
CITY OF MIAMI BEACH
2012 MEETING DATES
COMMISSION MEETINGS ALTERNATE MEETINGS
January 11 (Wednesday) January 18 (Wednesday)
February 8 (Wednesday) February 15 (Wednesday)
March 21 (Wednesday) March 28 (Wednesday)
April 11 (Wednesday) April18 (Wednesday)
May9 (Wednesday) May 16 (Wednesday)
June 6 (Wednesday)
July 18 (Wednesday) July 25 (Wednesday)
August-City Commission in recess
September 12 (Wednesday)
October 24 (Wednesday) October 31 (Wednesday)
November 14 (Wednesday) November 21 (Wednesday)
December 12 (Wednesday) December 19 (Wednesday)
20
Ml
CITY CLERK'S OFFICE -LOBBYIST LIST
2012 Commission Meeti
Lobbyist's Name Oat mount Disc
Refer to NCAC/Creation of No-Wake Zone Ordinance
in 08/28/2012
C7N Execute Declaration of Traffic within ROW/Seville Acquisition, LLC.
Michael Larkin Seville Acquisition, LLC 03/22/2011 5 per hour
Seville Acquisition, LLC 03/22/2011
08/05/2010
eith Menin/Shelborne Ocean Beach 03/27/2012
George Acevedo 05/04/2012
08/20/2008
hulman 07/12/2011
R7D Grant Revocable Permit to Seville Acquisition, 2901 Collins Avenue
Michael Larkin
Donald Washburn
CG Tides, LLC
CG Tides, LLC
CG Tides, LLC
Lucia Dougherty n Holdings/CMC Group
Alfredo Gonzalez ings/CMC Group 50 per hour
Robert Goodman Portman/CMC ,000 per month
Alexander Heckler Jonathan Kurry 00 to $400/hour
Marcelo Llorente Philip Goldfarb 50 -$500/hour
CConnecMB $450 per hour
David Sacks CConnecMB $375 per hour
F:\CLER\COMMON\2012\20120912\LOBBYIST LIST.Docx
21
PA
PRESENTATIONS
AND
AWARDS
""C
)>
Presentations and Awards
PA 1 Certificates Of Appreciation To Be Presented To The Miami Beach Police Department's
Officers Of The Month For May, June And July, 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
PA2 Certificate Of Appreciation To Be Presented To The Miami Beach Fire Department's
Lifeguards That Were Involved In A Heroic Act On July 18, 2012.
(Requested by Vice-Mayor Jorge R. Exposito)
PA3 Proclamation To Be Presented In Honor Of Hispanic Heritage Month.
(Requested by Mayor Matti Herrera Bower)
PA4 Certificates Of Recognition To Be Presented To Feinberg Fisher School And Biscayne
Elementary For Their International Baccalaureate Primary Year Program Authorization.
(Requested by Mayor Matti Herrera Bower)
PA5 Proclamation To Be Presented To Mango's Tropical Cafe For Its Donation Of K-9 Police
Dogs To The Miami Beach Police Department.
(Requested by Commissioner Jerry Libbin)
PA6 Certificate Of Appreciation To Be Presented To Dr. Richard Schulze For His Donation Of
A K-9 Police Dog To The Miami Beach Police Department.
(Requested by Commissioner Jerry Libbin)
PA? Proclamation To Be Presented To The Police Athletic League (PAL) For Their Programs
Supporting Miami Beach Students.
(Requested by Commissioner Jerry Libbin)
PA8 Certificate Of Recognition To Be Presented To Millie Rogers, For Winning The 2012
Miami-Dade Public Library System Teen Poetry Contest.
(Requested By Commissioner Michael Gongora)
PA9 Certificates Of Recognition To Be Presented To James And Ted Butler For Their Heroic
Efforts In Restraining A Rowdy And Irrational Man During A Screening Of The New
Batman Movie At The South Beach Regal Cinema In Late July, Following The Deadly
Colorado Movie Theater Massacre.
(Requested By Commissioner Michael Gongora)
PA 10 Proclamation Declaring September As Hunger Action Month, To Be Presented To
Anthea Pennant From Feeding South Florida.
(Requested By Mayor & Commissioners)
22
Presentations and Awards (Continued)
PA 11 Certificate Of Recognition To Be Presented To Luis Federico Ugarte, Participant In
UNlOAD's Senior Placement Program.
(Requested By Commissioner Jonah Wolfson)
PA 12 Certificate Of Recognition To Be Presented To Miami Design Preservation League, Mr.
Richard Towers, Employer/Participant In UNlOAD's Senior Placement Program).
(Requested By Commissioner Jonah Wolfson)
23
C2
COMPETITIVE BID REPORTS
(")
1\)
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Proposals (RFP) For Call Center Services.
Key Intended Outcome Supported;
Increase community satisfaction with City government; Enhance external and internal communications from and
within the City; Maximize Efficient Delivery of Service; Improve process through information technology;
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Whether the Mayor and City Commission should approve the issuance of the RFP?
Item Summary/Recommendation:
The City of Miami Beach (the City) would like to solicit responses from qualified firms to provide Call Center
services to various departments of the City of Miami Beach.
The Finance and Citywide Projects Committee, at their July 29, 2011 budget briefing for fiscal year 2011/12, was
advised of the Administration's proposal to outsource utility billing and parking customer service calls. The Utility
Billing Section is currently averaging 20,000 calls annually with a 10% abandoned rate, while the Parking
Department is averaging 30,000 annual customer service calls with a 20% abandoned rate.
The City would also like to receive proposals for consideration of outsourcing the combined Business Tax,
Certificate of Use, and Annual Fire Permit calls received by the Finance Department Revenue Division customer
service team, and the Emergency Operation Center (EOC). Additionally, other City Departments may also
consider call center usage when necessary.
It is anticipated that the successful proposer will negotiate with the City for a term contract with an initial term of
three (3) years, with an option to renew for an additional two (2) one-year extensions at the Administration's sole
discretion.
The City's objective is to purchase the service on a per minute basis. The proposers are also required to provide
alternative methods of purchasing the services that will be incorporated into the contract and will be available to
the City at its discretion.
THE ADMINISTRATION RECOMMENDS THE ISSUANCE OF THE RFP.
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 N/A
OBPI Total
I al Impact Summary:
Clerk's Office Le islative Trackin
Si n-Offs:
Department Director ssistant Cit
RA JGG PO
T:\AGENDA\2012\9-12-12\Call Center Services RFP-Summary.doc
MIAMI BEACH 24
AGENDA ITEM _C_:t._/1 __
DATE......1.~~~-
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP)
FOR CALL CENTER SERVICES.
ADMINISTRATION RECOMMENDATION
Approve Issuance of the RFP.
KEY INTENDED OUTCOMES SUPPORTED
• Increase community satisfaction with City government
• Enhance external and internal communications from and within the City
• Maximize Efficient Delivery of Service
• Improve process through information technology.
• Control costs of payroll including salary and fringes, minimize taxes, and ensure expenditure
trends are sustainable over the long term.
BACKGROUND
The City of Miami Beach (the City) would like to solicit responses from qualified firms to provide Call
Center services to various departments of the City of Miami Beach.
The Finance and Citywide Projects Committee, at their July 29, 2011 budget briefing for fiscal year
2011/12, was advised of the Administration's proposal to outsource utility billing and parking
customer service calls. The Utility Billing Section is currently averaging 20,000 calls annually with a
10% abandoned rate, while the Parking Department is averaging 30,000 annual customer service
calls with a 20% abandoned rate.
As a result of a reduction of six positions, or 42%, of customer service personnel over the past five
(5) years, the Finance Department Revenue Division, which manages the Utility Billing function, has
limited resources to handle the customer service counter, answer phone calls, respond to emails,
and perform their daily accounting and financial functions. In an effort to provide excellent customer
service to the residents and businesses of Miami Beach, the Administration is proposing to
outsource customer service calls.
At an average of three (3) minutes per call, it would require the City of Miami Beach an equivalent of
2 full time employees to manage this volume of calls, which represents an approximate annual cost
of $140,000 in salary and benefits. It is estimated that the cost of outsourcing these call would be
considerably less and would lead to more productive and effective employees in their respective
areas of work.
25
City Commission Memorandum
September 12, 2012
Call Center Services RFP
Page 2 of6
Under the current environment, City of Miami Beach employees are managing 50,000 phone calls
per year in addition to perform the duties of their full time job. When the phone rings, the employee
must stop what he or she is doing and address the caller's questions. In many occasions, there is an
after-call task related to the caller's inquiry to be addressed before the employee can resume the
original task he or she was doing. These constant interruptions affect employee's effectiveness and
productivity.
Presently, the City of Miami Beach is handling a combined 50,000 annual Parking and Utility Billing
related calls. These calls are divided among 10 full time Finance employees. It is estimated that a
substantial number of phone calls are never answered which results in an increase of traffic of
dissatisfied residents to the City help desks due to an ineffective telephone answering system.
It is anticipated that the proposed outsourcing of phone calls will lead to more productive City
employees by eliminating call responsibilities; reduce lines and traffic at our customer service
counter; and, lead to more positive customer experiences.
The City would also like to receive proposals for consideration of outsourcing the combined
Business Tax, Certificate of Use, and Annual Fire Permit calls received by the Finance Department
Revenue Division customer service team. Additionally, the City would like to receive proposals for
consideration of outsourcing the Emergency Operation Center (EOC).
Funding in the amount of $37,500 is available from the Water and Sewer Enterprise Fund and
additional $37,500 is available from the Parking Enterprise Fund. The total budget for the
outsourcing project is $75,000 with no funds being utilized from the General Fund.
SCOPE OF SERVICES
The City wishes to hire a company that provides a fully equipped offsite call center to receive calls
for the Finance, Parking, Emergency Operation Center (EOC) and other departments, as needed.
This service should include all the necessary resources required to achieve a low abandonment
rate.
It is anticipated that the successful proposer will negotiate with the City for a term contract with an
initial term of three (3) years, with an option to renew for an additional two (2) one-year extensions at
the Administration's sole discretion.
Finance Department
The proposer should possess the following capabilities:
1. Provide automatic call distribution with full reporting capabilities.
2. The Call Center needs to be able to handle calls as follows: The Utility Billing Section is
currently averaging 20,000 calls annually, while the Parking Department is averaging 30,000
annual customer service calls.
3. High Percentage (minimum of 50%) of Bilingual (English and Spanish) operators.
4. Provide a knowledge base system to assist contractor's agent to provide proper and
consistent response to inquiries.
26
City Commission Memorandum
September 12, 2012
Call Center Services RFP
Page 3 of6
5. Provide a seamless telephone interface.
6. Fully operational call center facility for at least five (5) years and preferably in the Miami area.
7. Provide the ability to remotely monitor the interaction between callers and agents.
8. Provide a customer agent assessment mechanism at the City's option.
9. Call Center to be able to access City Department software to be able to answer related
questions such as, but not limited to, the following:
• Typical questions for Utility Billing are for these subject matters:
o Processing payment over the phone;
o Concerns regarding a higher than average bill;
o Balance inquiries;
o Utility service has been disconnected or scheduled for disconnection;
o Payment or payment plan to be processing;
o Opening of a new account; and,
o Closing of an existing account.
1 0. Provide information on transactions that can be done on the website.
11. Full reporting capabilities.
12. Web based resolution tracking system.
13. The call center contractor will be required to provide the necessary technology to meet
American with Disabilities (ADA) requirements.
14. The call center contractor shall have a secure facility capable of withstanding Hurricane.
Emergency Operations Center
In the event that the City of Miami Beach Emergency Operations Center (EOC) is activated,
the Call Center will perform the following tasks:
o Upon notice, the Call Center will handle the call handling for a weather incident
ready within three (3) hours of notification
o The Call Center must have in place, the ability to have the phone service provider
for the City of Miami transfer the phone number of the City as identified, both at
the City switch level and if the switch is lost completely, the ability to transfer the
number at the central office (AT&T) level-this will be a joint deliverable with the
City and Call Center
o The Call Center must have adequate trunks to handle 120 calls per minute and be
scalable on trunkage if more lines are required to handle incoming calls
o The Call Center will have adequate staffing available to handle English/Spanish
(50% bilingual) and Haitian Creole calls; as needed staffing will be supplemented
based on call volume; an auto attend/menu selection allowing callers to choose
the language of their choice when speaking with an agent
27
City Commission Memorandum
September 12, 2012
Call Center Setvices RFP
Page 4 of6
o The Call Center will record all calls both voice and screen display and keep these
files available (for18 months) for review by the City
o The Call Center must have the capability to have event announcements placed
before a caller enters a queue to provide emergency information or to inform
residents of real-time relevant information
o The Call Center will place recording known as music on hold messages in the
queue so when the callers are waiting for an agent they are hearing relevant
information as provided by the city pre/during and post event
o The event announcements must be changed as request by the City and in place
within 15 minutes of receipt -the City will provide these in three languages to the
Call Center provider.
o The Call Center will report on an hourly basis the number of call answered,
provide the top 10 list of inquiries and as directed by the City, have in place a
service request process that logs incidents reported by residents in the City to
include but not limited to flooding report, tree down in swale, tree down on private
property, tree down on home, FPL electricity out, clogged drains, debris; each of
these service requests must be GIS plotted and reported to the City on a hourly
basis in a excel spreadsheet to include XY coordinates needs so the City EOC
can map the service requests
o The Call Center will maintain and ,as needed, update the event knowledge base
with information provided by the City
o An emergency process will be established that will have the management of the
call center to contact designated City personnel of issues that management
believes the City should immediately address if it is safe to travel the streets of the
City.
Fiscal Component
The City's objective is to purchase the service on a per minute basis.
The proposers are also required to provide alternative methods of purchasing the services that will
be incorporated into the contract and will be available to the City at its discretion. This may include
purchasing blocks of hours or full time equivalent employees.
The City reserves the right to negotiate alternative service levels with the contractor during the term
of the agreement.
Liquidated Damages
All of the provisions listed below will not apply during the first 90 days of the contract.
The call center provider will respond to 80% of the calls within 30 seconds; failure to meet this
performance standard will result in 1% credit from the quoted rate. If the abandonment rate exceeds
5%, this will result in 1% credit from the quoted rate.
The contractor is expected to maintain an 80% customer satisfaction rate based on the internal
tracking system to be developed by the contractor and monitored by the City. Failure to maintain the
desired customer satisfaction rate will result in 2% reduction from the quoted rate, and if the
contractor exceeds 90% customer satisfaction rate, this will result in a 2% increase over the quoted
rate.
28
City Commission Memorandum
September 12, 2012
Call Center Services RFP
Page 5 of6
EVALUATION CRITERIA
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors, for a
total of 100 possible points:
1. Experience and qualifications of the proposer-30 points.
2. Experience and qualifications of the agents assigned to provide services to the City-
10 points.
3. Methodology and Approach to include the demonstrated ability to achieve the City's
objectives -20 points.
4. Cost/Fees -30 points.
5. Past Performance Surveys -10 points.
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to
Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor
as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals, acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
evaluation and recommendation(s) of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals.
8. In any case, City Commission shall select the proposal or proposals acceptance of which the
City Commission deems to be in the best interest of the City. The City Commission may also
reject all proposals.
29
City Commission Memorandum
September 12, 2012
Call Center Services RFP
Page 6 of6
9. Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to negotiate
a contract with a proposer other than the top-ranked proposer if the negotiations with the
top-ranked proposer fail to produce a mutually acceptable contract within a reasonable
period of time.
10. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
11 . If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected proposer(s)
has (or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
CONCLUSION:
The Administration recommends the issuance of the RFP for Call Center Services.
T:\AGENDA\2012\9-12-12\Call Center Services RFP-Memo.doc
30
31
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts To The Lowest And Best Bidders For Groups 1 Through 22 Pursuant To
Invitation To Bid (ITB) No. 40-11/12 For Fencing Serviced For Various City Departments: Awards Shall Be Based As
Follows: Groups 1,2,3,4,5,7,8,12, 14,16,18 19,20,and 21 To Ronal M. Gibbons, Inc.; And Groups 6,9, 10,11, 13,15,17, and
22 To Artemisa Fence & Ornamental !n The Estimated Annual Amount of $90,000.
nded Outcome Su orted:
eWell-maintained infrastructure
Supporting Data (Surveys, Environmental Scan, etc. N/A
Issue:
I Shall the City Commission approve the award of Contracts?
Item Summary/Recommendation:
The purpose of Invitation to Bid (ITB} No. 40-11/12 was to establish a contract, by means of sealed bids, for the supply of
all labor, materials, tools, and equipment necessary to provide Fencing Services on an as-needed basis from a source(s)
of supply that will provide these services in a timely manner. The contract(s) entered into with the successful bidder(s)
shall have an initial term of three (3) year term, and may be renewed at the sole discretion of the City, through its City
Manager, for two (2) additional one (1) year.
The ITB was issued on July 17, 2012, with an opening date of August 14, 2012. A pre-bid meeting to provide information
to the bidders submitting a response was held on July 24, 2012. The Florida Online Bid System issued bid notices to 59
prospective bidders. In addition, the Procurement Division issued notices to seven (7) prospective bidders, which
resulted in the receipt of three (3) bids.
Successful bidder(s) shall be required to provide fencing services to Public Works, Parks and Recreation, and other City
Departments. Successful bidders shall obtain and pay for all licenses, permits and inspection fees required for this
project and comply with all laws, ordinances, regulations, and building code requirements applicable to the work
contemplated herein. Damages, penalties, and/or fines imposed on the City for the vendor for failure to obtain required
licenses, permits or fines shall be borne by the vendor.
The Review Panel stated after reviewing the bids that they recommended awarding contract to the following vendors, as
the lowest and best responsive bidder:
Ronald M. Gibbons, Inc.;
Artemisa Fence & Ornamentals; and;
Guaranteed Fence Corporation;
APPROVE THE AWARD OF CONTRACTS.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account
blic Works Streets/Street Lighting 011-0840-000342
ublic Works Water 425-0410-000343
ecreation Division 011-0950-000343
reen Space Management 011-0940-000343
iami Beach Golf Club 011-0970-000343
. Normandy Shore Golf Club 011-0975-000343
Financial Impact Summary:
islative Trackin
Assistant Ci
FB JGG __ MAS __
T:\AGENDA\2012\September 12\ITB 40-11-12 Fencing summary.doc
MIAMI BEACH 32
AGENDA ITEM e_:z lf
DATE ~f3~j7_
MIAMI BEACH
of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Bower and Members of the City Commission
FROMo Kathie G. Brooks, Interim City Manager ~~ ~ ·
DATE: September 12, 2012
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO THE LOWEST AND BEST
BIDDERS FOR GROUPS 1 THROUGH 22, PURSUANT TO INVITATION TO BID (ITB)
NO. 40-11/12, FOR FENCING SERVICES FOR VARIOUS CITY DEPARTMENTS;
AWARDS SHALL BE BASED AS FOLLOWS: GROUPS 1, 2, 3, 4, 5, 7, 8, 12, 14, 16, 18,
19, 20, AND 21 TO RONALD M. GIBBONS, INC.; AND GROUPS 6, 9, 10, 11, 13, 15, 17,
AND 22 TO ARTEMISA FENCE & ORNAMENTAL; FOR A TOTAL ESTIMATED
BUDGETED ANNUAL AMOUNT OF $90,000.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME SUPPORTED
Ensure Well-Maintained Facilities.
BID AMOUNT AND FUNDING
The estimated annual amounts below are based on regular operational funding availability.
$ 25,000 Property Management Repairs & Maintenance Account No. 520-1720-000342
$ 15,000 Public Works Sewer 425-0420-000343
$ 15,000 Public Works Streets/Street Lighting 011-0840-000342
$ 15,000 Public Works Water 425-041 0-000343
$ 5,000 Recreation Division 011-0950-000343
$ 5,000 Green Space Management 011-0940-000343
$ 5,000 Miami Beach Golf Club 011-0970-000343
$ 5,000 Normandy Shore Golf Club 011-0975-000343
$90,000
These contracts will also be available for emergency circumstances, such as hurricanes,
special projects, and additional funding that may become available and appropriated as part
of the City's Capital Budget or from projects generated by CIP.
ANALYSIS
The purpose of Invitation to Bid (ITB) No. 40-11/12 was to establish a contract, by means of
sealed bids, for the supply of all labor, materials, tools, and equipment necessary to provide
fencing services on an as-needed basis, from a source(s) of supply that will provide these
products in a timely manner. The contract(s) entered into with the successful bidder(s) shall
have an initial term of three (3) years, and may be renewed at the sole discretion of the City,
through its City Manager, for two (2) additional one (1) year.
The contracts will offer more flexible resources to ensure that all operational divisions and
departments fulfill their fencing needs in a timely manner while securing the lowest cost.
33
Commission Memorandum
/TB-40-11112 Fencing Services
September 12, 2012
Page 2 of 13
Successful bidder(s) shall be required to provide fencing services to Public Works, Parks
and Recreation, and other City Departments. The City will issue Purchase Orders to the
selected vendor(s) for the provision of labor, transportation, materials, tools, and equipment
necessary to provide fencing services on an as needed basis throughout the year, as
specified in bid proposal (Groups 1 through 22).
Successful bidders shall obtain and pay for all licenses, permits and inspection fees required
for this project and comply with all laws, ordinances, regulations, and building code
requirements applicable to the work contemplated herein. Damages, penalties, and/or fines
imposed on the City for the vendor for failure to obtain required licenses, permits or fines
shall be borne by the vendor.
Successful bidders must install new fencing, or be able to provide replacement parts, and/or
to repair the existing fencing. Service must be provided from Monday through Friday, from
8:30a.m. until 5:00p.m. on any service, (excluding holidays).
BID PROCESS
The ITS was issued on July 17, 2012, with an opening date of August 14, 2012. A pre-bid
meeting to provide information to the bidders submitting a response was held on July 24,
2012.
The Florida Online Bid System issued bid notices to 59 prospective bidders. In Addition, the
Procurement Division issued notices to seven (7) prospective bidders via mail, e-mail, and
fax transmission, which resulted in the receipt of following three (3) bids:
1. Artemisa Fence & Ornamental
2. Guaranteed Fence Corp.
3. Ronald M. Gibbons, Inc.
On August 20, 2012, the bid submissions were reviewed by the Technical Review Panel
(the Panel) which included the following individuals:
• Martha Torres, Warehouse Supervisor, Public Works Department
• Carlos Da Cruz, Office Associate V, Parks and Recreation Department
• Herman Fung, Property Mgt Contracts Coordinator, Property Maintenance Division
• Thais Vieira, Capital Project Coordinator, CIP Office
On August 30, 2012 the Panel convened again and the following staff members were in
attendance:
• Herman Fung, Property Management Contracts Coordinator, Property Maintenance
Division
• Martha Torres, Public Works Department, Warehouse Supervisor
• Thais Vieira, Capital Project Coordinator, CIP Office
• Kevin Smith,. Parks and Recreation, Director
• Julio Magrisso, Parks and Recreation, Assistant Director
After review of the bids received, the Review Panel recommended awarding contracts to the
following vendors:
34
Commission Memorandum
/TB-40-11 112 Fencing Services
September 12, 2012
Page 3 of 13
• Ronald M. Gibbons, Inc., as Primary
• Artemisa Fence & Ornamentals.; Secondary and:
• Guaranteed Fence Corp.; Tertiary
Bidders were asked to submit fixed unit prices for each group, see attachment "A" for Unit
Price Tabulation. Projects will be awarded to the lowest bidder per group. However, the City
can utilize the second-lowest bidder, if the lowest bidder for any group is unavailable.
Before a project is assigned to a specific company, the user department will provide the
Procurement Division with the job specification in order to anticipate and calculate all fence
materials, posts, and gates required for the completion of the project. Each project will be
awarded to the lowest responsive bidder based on the combination of all materials required.
Property Management Division shall also be responsible for the inspection and verification
of all materials to ensure that they conform to the specifications required on the site.
Th d f II e awar per groups 1s as o ows:
Description Recommended
Group I Galvanized Chain Link Fence Ronald M. Gibbons, Inc.
Group II Vinyl Coated Chain Link Fence Ronald M. Gibbons, Inc.
\,;IIUU!J Ill Chain Link Gates All Galvanized Ronald M. Gibbons, Inc.
Group IV Chain Link Gates All vinyl Coated Ronald M. Gibbons, Inc.
Group V Chain Link Gates All Ronald M. Gibbons, Inc.
Group VI Chain Link Gates All Vinyl Coated Artemisa Fence & Ornamental
Group VII Temporary Chain Link Fence Galvanized Ronald M. Gibbons, Inc
Group VIII Wind Green Black or Green 75% Block Ronald M. Gibbons, Inc.
Group IX Stationary Bollard Posts I Artemisa/Guaranteed
Group X Removable Bollard with Bottom Sleeve I Artemisa Fence & Ornamental
Group XI Core Drilling up to 12" Slab per Hole Cost I Artemisa Fence & Ornamental
Group XII Miscellaneous On Site Welding either Galvaniz onald M. Gibbons, Inc.
Aluminum
Group XIII Fence Removal and Disposal up to 10ft. Artemisa Fence & Ornamental
Group XIV Aluminum Pickett Fence Ronald M. Gibbons, Inc
Group XV Aluminum Swing Gates I Artemisa Fence & Ornamental
\,;II uu1-1 XVI Wood Fences Ronald M. Gibbons, Inc
Group XVII Wood Fence Single or Double Gates Artemisa Fence & Ornamental
Group XVIII Emergency Work Ronald M. Gibbons, Inc
Group XIX Sand Ronald M. Gibbons, Inc.
Group XX Miscellaneous Work Ronald M. Gibbons, Inc.
Group XXI End/Corner Post • Ronald M. Gibbons, Inc.
Group XXII Rental of Portable Self-Standing ] Artemisa Fence & Ornamental
35
Commission Memorandum
/TB-40-11 112 Fencing Services
September 12, 2012
Page 4 of 13
In a letter dated August 22, 2012 Guaranteed Fence Corp. notified the City that they
declined the City's recommendation to provides service only for Group 7, 11, 15 and 17 (
Attachment 3). As a result, the next lowest bidder is being recommended for award as noted
above.
Ronald M. Gibbons. Inc.
Ronald M. Gibbons, Inc. has been in business for 40 years and has successfully completed
projects in residential, commercial, institutional sectors. Ronald M. Gibbon, Inc. was highly
rated on their performance evaluation surveys and comments were provided highlighting the
company's professionalism, responsiveness, and ability to provide fencing services even
under emergency circumstances.
Ronald M. Gibbons, Inc. provides similar services to the following entities:
City of Miami Gardens;
RRC Development Company;
WPBT Channel 2: and
City of Miramar
Artemisa Fence & Ornamental
Artemisa Fence & Ornamental has been in business for over 25 years and has provided
fencing services to the Property Management Division for over one (1) year. The Property
Management Division has indicated that it is satisfied with their quality of work. Artemisa
was highly rated on their performance evaluation surveys and noted as being reliable,
dependable, and responsive while providing prompt service, even in emergency situations.
Artemisa Fence & Ornamental provides similar services to the following entities:
Lennar Homes;
CC Monterra;
Downrite Engineering;
Continental Group; and
City of Miami Beach
INTERIM CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of City staff, the Interim City Manager
exercised her due diligence and is recommending that the Mayor and the City Commission
authorize the award as follows: Groups 1,2,3,4,5,7,8,12,14,16,18, 19, 20 and 21 to Ronald
M. Gibbons, Inc.; and Groups 6,9, 10,11, 13, 15, 17, and 22 to Artemisa Fence & Ornamental.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City
Commission accept the Interim City Manager's recommendation to award contracts to
Groups 1,2,3,4,5,7,8,12,14,16,18,19,20 and 21 to Ronald M. Gibbons, Inc., and Groups
6,9, 10,11, 13, 15, 17,and 22 to Artemisa Fence & Ornamental, for Fencing Services pursuant
to ITB No. 40-11/12, for an estimated budget total annual amount of $90,000.
T:\AGENDA\2042\September 12\Consenl\ITB-40-1 1-12 Fencing
36
CN ....... Attachment A-Unit Price Tabulation GALVANIZED CHAIN LINK FENCE TOTAL GROUP I ARTEMISA FENCE & ORNAMENTAL $11.00 $11.00 $13.00 $13.00 $15.00 $15.00 $19.00 $19.00 $22.00 $22.00 $24.00 $24.00 $6.00 $5.00 $219.00 $9.55 $9.25 $24.00 $23.50 $7.00 $4.25 $7.00 $3.50 $274.00 $196.05
CN 00 Commission Memorandum /TB-40-11112 Fencing SeNices September 12, 2012 Page 6 of 13 TOTAL GROUP II ARTEMISAFE &ORNAMENT $14.00 $14.00 $15.00 $15.00 $17.00 $17.00 $22.00 $22.00 $29.00 $29.00 $30.00 $30.00 $4.50 $4.50 $263.00 5.00 15.20 14.50 $9.00 $3.60 $9.00 $3.60 336.00 $236.20
CN (Q Commission Memorandum ITB-40-11 112 Fencing SeNices September 12, 2012 Page 7 of 13 TOTAL GROUP Ill TOTAL GROUP IV Artemisa stated an erroneous total of $3,140 ARTEMISA FENCE GUARANTEED & ORNAMENTAL FENCE CORP. $250.00 $180.00 $200.00 $180.00 $200.00 $220.00 $200.00 $220.00 $240.00 $400.00 $450.00 $2,490.00 $190.00 $290.00 $390.00 $220.00 $220.00 $290.00 $220.00 $350.00 $400.00 $440.00 $490.00 $3.500.00
~ 0 Commission Memorandum ITB-40-11112 Fencing SeNices September 12, 2012 Page 8 of 13 lllcM4o: ITI=M A.fl· 1 tfxt:f smg1e gate per gate fl'y?() rln11hiP n::~tA nAr n::~tA TOTAL GROUP V I TOTAL GROUP VI! I TOTAL GROUP VIII ! TOTAL GROUP IX I ARTEMISA FENCE & ORNAMENTAL $40.00 $50.00 $60.00 $150.00 $70.00 $75.00 $85.00 $230.00 -$6.00 $10.00 $60.00 $300.00 $150.00 $500.00 $1,026.00 $4.00 $4.00 $4.00 $4.00 $10.00 $10.00 $36.00 $150.00 $250.00 $400.00 GUARANTEED RONALD M. FENCE CORP. GIBBONS, INC. $80.00 $38.00 $90.00 $47.50 $100.00 $57.00 $270.00 $142.50 $3.80 $2.50 $3.80 $3.00 $4.20 $3.60 $4.20 $4.80 $9.00 $8.0Q $9.00 $9.50 $34.00 $31.40
~ ~ Commission Memorandum /TB-40-11112 Fencing SeNices September 12, 2012 Page 9 of 13 ARTEMISA FENC ORNAMENTAL $200.00 $350.00 TOTALGROUPXI $550.00 ~---·--~------r----~--~"" ~"" TOTAL GROUP XI I T.' I GROUP XII: ON SITE Wf:~[?I~§JGALVANIZED OR ALIMINUM ITEM 63: I Include set up cost-hourly rate) FENCE REMOVAL AND DISPOSAL UP TO 10' HIGH ~~~-----~---------------+--------~ Under250'LF perLF 'LF. per LF TOTAL GROUP $35.00 $50.00 $28.50 $35.00 $50.00 $25.00 $40.00 $55.00 $33.00 $40.00 $55.00 $29.50 $45.00 $45.00 er linear foot I I I $0.60 $7.00 $2.00 $240.60 $357.00 $196.00 TOTAL GROUP XIV
~ I 1\) Commission Memorandum /TB-40-11112 Fencing SeNices September 12, 2012 Page 10 of 13 LF I u~ LU 1uu Lr ~1!:11 Lr Uo to 200' LF. oer LF GROUP XVIII: EMERGENCY WORK ITEM 80: J 4' hiah oer LF LF TOTAL GROUP l I TOTAL GROUP XVI I er linear foot TOTAL GROUP XVII I TOTAL GROUP XVIII I ARTEMISA FENCE I G &ORNAMENT $48.00 $50.00 $70.00 $75.00 $80.00 $323.00 $18.00 $16.00 $16.00 $18.00 $18.00 $18.00 $104.00 ~?_Q"~.Q $30.00 $5.00 $55.00 $2.00 $2.00 $3.00 $3.00 $3.00 $3.00 $16.00 $20.00 $15.00 $15.00 $50.00 I $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 $30.00 RONALD GIBBO $46.00 $50.00 $61.00 $75.00 94.00 $66.00 $1.80 $1.80 $2.00 $2.80 $3.00 $3.50 $14.90
~ w Commission Memorandum /TB-40-11112 Fencing Services September 12, 2012 Page 11 of 13 GROUP XIX: SAND FENCE ITEM 86: I 50'LF Dunne Fence (rolls) I I ITEM 87 I sand fence installed onto 4"x4"8" ~ressure treated -«««=r TOTAL GROUP XIX l 1 ··-··· ..... -. J ......... ~·· ....,_, -· TOTAL GROUP XX ARTEMISA FENCE GUARANTEED RONALD M. & ORNAMENTAL FENCE CORP. GIBBONS, INC. $65.00 $75.00 $58.00 $60.00 $75.00 $56.00 $5.50 $5.00 $135.50 $10.00 $10.00 $7.00 $12.00 $10.00 $8.00 $14.00 $15.00 $9.00 $10.00 $15.00 $10.00 $10.00 $15.00 $12.00 $250.00 $250.00 $250.00 $250.00 I $210.00 $250.00 $250.00 $38.00 $50.00 $32.00 $38.00 $50.00 $24.00 $38.00 $50.00 $24.00 $920.00 $965.00 $756.00
~ ~ Commission Memorandum /TB-40-11 112 Fencing Services September 12, 2012 Page 12 of 13 GROUP XXI: END CORNER POST . . -. . -.. _ . 110: 10' ITEM 111; 11' ITEM 112: 12' alvanized TOTAL GROUP GRAND TOTAL (ALL GROUPS TEMISA FENCE I GUARANTEED & ORNAMENTAL FENCE CORP . $30.00 $30.00 $35.00 $30.00 50.00 $40.00 $106.00 $40.00 30.00 $50.00 126.00 $50.00 $50.00 $60.00 $126.00 $45.00 $48.00 $50.00 $50.00 $60.00 $50.00 $60.00 $50.00 $70.00 $848.00 $11.705.10
~ CJ'I Commission Memorandum ITB-40-11 112 Fencing Services September 12, 2012 Page 13 of 13 GROUP XXII RENTAL OF PORTABLE SELF-STANDING Construction Panels 6ft H x 6ft W Per LF Construction Panels with Gate 6ft H x 6ft W Per LF Construction Panel 8ft H x 12ft W Per LF Construction Panel with Gate 8ft H x 12f' ARTEMISAFE & ORNAMENTAL GUARANTEED I RONALD M. CE CORP. GIBBONS, INC. $6.00 $5.00 $36.00 $6.00 $30.00 $36.00 $6.00 $100.00 $36.00 $6.00 $6.00 $6.00 $7.00 $96.00 $7.00 $96.00 $7.00 $96.00 $7.00 $7.00 $7.00 $78.00
August 22, 2012
Shirley L. Thomas
1091 EAST 26 1 H STREET
HIALEAH, FL 33013
0: (786) 318-0880 F: (786) 318-0881
City of Miami Beach Procurement Division
1700 Convention Center Drive,
Miami Beach, FL 3319
0: (305) 673-7000 Ext. 3455
F: (305} 673-4011
RE: ITB-40-11/12 Fencing Services Bid Submission
Dear Ms. Thomas,
We are in receipt of your recommendation for groups 7, 11, 15 & 17 of the above referenced bid and at
this time we respectfully decline said recommendations.
We would like to thank you for your recommendations but at this time we feel it is our responsibility as
a contractor whom has performed work for you on the previous contract to advise the City that
selecting multiple contactors to handle certain aspects could have a negative impact for the City. It has
been our experience that when different contractors mix a scope of work, there are certainties that will
occur. They are as follows:
1. Material and material colors will never match and as such will not be up to the high standards and
quality workmanship that the City of Miami Beach sets forth on all oftheir projects.
2. Another example of conflicts that you are certain to run into would be if a contractor creates what
is to be an opening for a 12'-0" gate and said opening is either too small or too large, this in turn
will create issues that can be easily avoided by awarding the entire contract to one contractor.
We are sure that we can come up with many more conflicts that will occur when breaking up the
contract in the manner that you are choosing but that is not what we are trying to achieve. What we are
trying to bring forth is that as in the previous contract (#12-08/09), Murray Fence, Sunrise Security
46
Agency and Guaranteed Fence were all awarded the contract in the order of !owest bid provided at the
time of procurement. Said contractors were not able to provide quality of work that met
your standards and as such, Guaranteed Fence spent the balance of the previously mentioned contract
fixing all of the work that was not up to the City's high standards. Guaranteed Fence was able to provide
timely and quality workmanship that was required and expected that was not provided by the
contractors whom had the lower bid proposals. Our quality of work can be attested to by the following
people that we have done work with through the years for the City of Miami Beach:
1. Rhonda Gracie (Greenspace Management}
2. Carlos DaCruz (Parks & Recreation)
3. Julio Margrlsso (Greenspace Management)
4. Jose Izquierdo (Property Management)
5. Domingo Macias (Parks & Recreation)
6. Martha Torres (Public Works)
7. Thais Viera (Capital Improvements)
Please consider speaking to these individuals in regards to how this contract and whom this contract is
being awarded to as we feel that the City is about to walk in through the same door as was done in the
previous contract. We have provided competitive pricing and we have concerns the lower pricing
provided could in the future provide financial issues.
In closing, we would also like to state that nowhere in the sollcitation provided at the time of the bid
does It state that the City would be awarding certain items and not the contract in its entirety. We want
to thank you for the opportunity to continue to work with the City of Miami Beach which we hold in the
highest of regards. We wish to remain on your bidder's list as we wish to continue working with you in
the future. Thank you for your time and please feel free to contact us with any questions or comments
you may have.
Respectfully,
Jorge L. Gomez
President
Guaranteed Fence Corp.
47
COMMISSION ITEM SUMMARY
Condensed Title:
equest For Approval To Issue A Request For Proposals For Electric Fireworks And Pyrotechnics
r The C bration.
Intended Outcome Su orted:
ize Miami Beach as a Brand Destination.
Issue:
I Shall the City Commission approve the issuance of a Request for Proposals?
Item Summary!Recommendation:
The purpose of this RFP is to establish a contract, by means of sealed Proposals, for a qualified
provider of electric fireworks and pyrotechnics for the City's Fourth of July Independence Day
Celebration, as each year the City hosts a FREE Fourth of July Celebration featuring fireworks for the
community.
The fireworks display shall be in the City of Miami Beach on July 4, 2013 at a time and site to be
s~ecified by the City. Traditionally, the fireworks display is held on the beach east of Ocean Drive and
8 h Street. However, location is subject to change annually.
Proposers shall demonstrate at least three (3) years of experience providing firework and pyrotechnic
displays on a beach dealing with environmental conditions such as rain, sand and turtle nesting
regulations. Bidders must provide the City with the names, addresses, telephone numbers and
electronic mail addresses of a least three (3) other firms or government agencies for whom a similar
type of work has been performed in the past twenty-four (24) months.
The contract term will be for one (1) year, with two (2) one (1) year renewals, at the City's sole
discretion and subject to the availability of annual funding.
THE ADMINISTRATION RECOMMENDS ISSUANCE OF THE RFP.
Advisory Board Recommendation:
[NfA
Financial Information:
An~ Source of Amount Account
Funds: 1
2
3
OBPI To~
Financial Impact Summary: N/A
fa MIAMIBEACH
48
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012 _.
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR
ELECTRIC FIREWORKS AND PYROTECHNICS FOR THE CITY OF MIAMI BEACH
FOURTH OF JULY EVENT.
ADMINISTRATION RECOMMENDATION
Approve the Issuance of an RFP.
ANALYSIS
The purpose of this RFP is to establish a contract, by means of sealed Proposals, for a qualified
provider of electric fireworks and pyrotechnics for the City's Fourth of July Independence Day
Celebration, as each year the City hosts a FREE Fourth of July Celebration featuring fireworks for
the community.
SCOPE OF SERVICES
The fireworks display shall be in the City of Miami Beach on July 4, 2013 at a time and site to be
specified by the City. Traditionally, the fireworks display is held on the beach east of Ocean Drive
and 81h Street. However, location is subject to change annually.
The proposals for fireworks/pyrotechnic display must include the following:
Experience, Qualifications and Past Performance
Proposers shall demonstrate at least three (3) years of experience providing firework and
pyrotechnic displays on a beach dealing with environmental conditions such as rain, sand and turtle
nesting regulations. Bidders must provide the City with the names, addresses, telephone numbers
and electronic mail addresses of a least three (3) other firms or government agencies for whom a
similar type of work has been performed in the past twenty-four (24) months.
Proposed Cost
Proposals shall include electric fireworks displays with budgets ranging from $25,000 up to $75,000,
increasing in $10,000 increments (i.e. $25,000, $35,000, $45,000, etc).
Methodology, Approach and Quality of Show Design/Display
• A narrative description of each proposed fireworks display shall include the order in which
the shells are to be fired. The description shall maintain a show intensity of shells shot every
two (2) seconds, from multiple locations with no black sky (i.e. no lapse of time between
shells).
49
Commission Memorandum
Issuance of RFP for Fireworks & Pyrotechnics
September 12, 2012
Page 2 of2
• A breakdown of length of time of display (i.e. 15 minutes, 20 minutes, 25 minutes) with the
corresponding budget described in Proposed Cost section of the RFP, as well as a
description of all shells to be used, by size and description.
• Proposals shall include videos to illustrate the type of display proposed for each cost and
display time proposal.
• All licensed and /or permitted personnel and labor, as required, needed to transport, set up,
shoot, tear down and cleanup the display as proposed.
• All licensed and/or permits required to transport, stage, and shoot display as proposed.
• Required permits and insurance as detailed in the RFP.
TERMS OF THE AGREEMENT
The contract term will be for one (1) year, with two (2) one (1) year renewals, at the City's sole
discretion and subject to the availability of annual funding.
EVALUATION CRITERIA
Specific factors will be applied to proposal information to assist the City in its task of selecting the
most-qualified candidate or candidates for this RFP. An Evaluation Committee appointed by the
City Manager will evaluate proposals. Oral presentations may be required of all Proposers.
The evaluation criteria to be considered in the evaluation of proposals are listed below:
• Experience and Qualifications of the Proposer and
Past performance
• Proposed Cost
• Methodology, Approach and Quality of the
Show-design/display
Total:
30 pts
30 pts
100 pts
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points
to Proposers, which are, or include as part of their proposal team, a Miami Beach-based
vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the approval to
issue the Request for Proposals (RFP) for electric fireworks and pyrotechnics for the City of Miami
Beach Fourth of July Event.
KGB/MAS/GF
T:\AGENDA\2012\September 12\Consent\RFP Fireworks MEMO.doc
50
THIS PAGE INTENTIONALLY LEFT BLANK
51
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Issue A Request For Proposals (RFP) For Maintenance And Security Services For The Lincoln
Road Mall Service Area
Intended Outc
e cleanliness of Miami Beach rights-of-ways especially in business areas.
ta (Surveys, Environmental Scan, etc.):
ex for Streets, Sidewalks, Rights-of-Way, Parks, Parking and Alleys
Issue: I Shall the Mayor and City Commission approve the Resolution?
Item Summa !Recommendation:
This memorandum is submitted as a follow-up to the February 8, 2012, City Commission Meeting, wherein a discussion
was held on Agenda Item R7F regarding the outsourcing of maintenance services within the Lincoln Road Mall service
area. With the exception of the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), the maintel)ance
services would be provided for the entire length of Lincoln Road, from Collins Avenue to West Avenue, including side
streets between 161h and 1 th Streets, also referred to as the Lincoln Road Service Area (LRSA). The Administration was
directed to develop the scope, bring the objective criteria to measure success or failure to the Finance and Citywide
Projects Committee (FCWPC) for approval, and submit the RFP for approval at the following Commission meeting. At its
June 28, 2012 meeting, the FCWPC recommended that, in concept, the item be moved and brought to the Commission,
subject to Staff meeting with Chairperson Weithorn and Commissioner Exposito to further refine the RFP. Staff has met
with and received positive input from Commissioners Weithorn and Exposito and, as a result, revisions have been
incorporated into the RFP document. Following discussion at its August 22, 2012 meeting, the FCWPC further
recommended that the frequency of pressure cleaning performed in Lincoln Road be increased to a weekly cycle. At the
suggestion of Chairperson Weithorn, the RFP document will be revised accordingly to reflect the recommended
enhanced level of service, following the approval of the Fiscal Year 2012/13 Budget by the City Commission.
The required services and work scope to be outsourced include: Pedestrian Surfaces & Side Streets Maintenance;
Facilities Maintenance; Landscaping Services; Coordination with Code Enforcement, Police and Homeless Outreach;
Special Events; and Miscellaneous Duties. The contract will require the Contractor to have all services supervised by a
manager, or representative, to be exclusively assigned to the LRSA, and whose duties will include responding to any
stakeholder issues or complaints; ensuring that the provision of maintenance services is done with minimal disruption
and inconvenience to the Lincoln Road Mall business and property owners; and serving as the primary point of contact
with the City.
A basic requirement of the RFP will be for the Contractor to submit a detailed Quality Control I Quality Assurance
(QA/QC) plan outlining the quality management procedures and responsibilities for the workmanlike and professional
performance of the key maintenance and repair processes associated with this Contract. The QC/QA plan will be subject
to review and input by the City, and the mutually agreed upon performance and quality measures shall be inputted into a
web-based Computerized Maintenance Management System. The quality of the work to be performed shall be
determined by the Contractor's compliance to the performance and quality standards to be established prior to
commencement of the work. Compliance verification shall be accomplished by various methods including random and
scheduled inspections by the City's contract manager, City personnel, and outside professionals; input from the various
Lincoln Road stakeholders; and the City's examination of documents and records, under its contractual rights.
Financial Information:
Source of Funds: Amount
OBPI
MIAMI BEACH
24, 2011, June 28, 2012
52
Account
Center RDA-FY 2012/13
AGENDA ITEM _C_2....;;;;;__
DATE 9-/.:£-/l
e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS
(RFP) FOR MAINTENANCE AND SECURITY SERVICES FOR THE
LINCOLN ROAD MALL SERVICE AREA
This memorandum is submitted as a follow-up to the February 8, 2012, City Commission
Meeting, wherein a discussion was held on Agenda Item R?F regarding the outsourcing of
maintenance services within the Lincoln Road Mall service area. With the exception of the 1100
block of Lincoln Road (between Lenox Avenue and Alton Road), the maintenance services
would be provided for the entire length of Lincoln Road, from Collins Avenue to West Avenue,
including side streets between 161h and 1 ih Streets, the Lincoln Road Service Area (LRSA).
Refer to Attachment A for a map of the LRSA.
The discussion on Item R?F led to a Motion by Vice-Mayor Weithorn to issue a publicly
advertised Request for Proposals (RFP). The Motion was seconded by Commissioner Wolfson
and passed by a unanimous vote. The Administration was directed to develop the scope, bring
the objective criteria to measure success or failure to the Finance and Citywide Projects
Committee (FCWPC) for approval, and submit the RFP for approval at the following
Commission meeting.
At its June 28, 2012 meeting, the FCWPC recommended that in concept the item be moved and
brought to the September 12, 2012 Commission Meeting, subject to Staff meeting with
Chairperson Weithorn and Commissioner Exposito to further refine the RFP. Staff has met with
and received positive input from Chairperson Weithorn and Commissioner Exposito and, as a
result, revisions have been incorporated into the RFP document.
Following discussion at its August 22, 2012 meeting, the FCWPC further recommended that the
frequency of pressure cleaning performed in Lincoln Road be increased to a weekly cycle. At
the suggestion of Chairperson Weithorn, the RFP document will be revised accordingly to reflect
the recommended enhanced level of service, following the approval of the Fiscal Year 2012/13
Budget by the City Commission. Also included, as a proposed service enhancement, is
increased security coverage on Lincoln Road, from 1 am to 6am, providing for 24-hour coverage.
53
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 2 of9
BACKGROUND
Existing Maintenance Services Managed by City Personnel
Except for the 1100 block of Lincoln Road (between Lenox Avenue and Alton Road), City of
Miami Beach personnel provide maintenance services for the entire length of Lincoln Road -
from Collins Avenue to West Avenue, including the side streets between Lincoln Lane North and
Lincoln Lane South. Maintenance services for the 1100 Block are provided under a
management agreement with UIA Management, LLC (UIA).
Maintenance I security services provided or managed by City personnel are as follows:
• Parks and Recreation Dept. GreenSpace Management Division -Include turf mowing,
trimming and edging (30/year); shrub and ground cover pruning (12/year); weed control
(40/year); tree/palm pruning (2-3/year); date palm seed removal (4-6/year); mulch
application (2/Year); daily irrigation system checks (5 days, weekly) and repairs as
needed; flower installations (3/Year) with additional plants also installed; turf fertilization
(3/year); shrub/ground cover granular fertilization (3/year); liquid fertilization (minors)
(4/year); tree/palm fertilization (3/year); and litter removal (supplemental to Sanitation
Division) once per day, 5 days weekly; and integrated pest management. A total of five
City personnel support the above activities.
• Sanitation Division -Include pressure cleaning of all hard surfaces, with scrubber
overlapping pressure cleaners, as well as area garbage cans(5 days, weekly, 15-day
rotation); seven-day litter control from 6:10a.m. to 11:30 p.m., including blowing and
sweeping the walkways and emptying garbage and recycling containers; reporting of
deficient conditions for follow-up or corrective work by other divisions; and close work
with Code Enforcement, Police and Homeless Outreach Team to support a cleaner and
safer environment for tourists, residents and business owners. A total of 14 City
personnel and three temporary laborers support the above daily activities from 6:30 a.m.
to 11 :30 p.m. The proposed service level enhancement in the FY 2012/13 Budget, in the
amount of $115,000, will allow the frequency of pressure cleaning to be increased to a
weekly cycle. The funding would cover the expenses associated with an additional pick-
up truck, pressure cleaning equipment, and a two-man crew.
• Property Management Division -Include painting of all structures, retaining walls and
"piano keys"; service and maintenance of all decorative, landscaping and pedestrian
street lighting; maintain all electrical service points for vendors; and provide cleaning and
chemical treatment of fountains/water features, as well as repair and maintenance of
associated electrical, pumping and plumbing systems. A total of nine City personnel
support the above activities as well as other maintenance activities that fall within the
RDA area, but outside of the Mall service area. For this reason, the approximate
equivalent of five employees -two Electricians, two Painters, and a MSW II -will be
considered as the equivalent number of full-time Property Management positions fully
dedicated to the Lincoln Road service area.
• Police Department -Contracted security services provide two daily shifts I 7 -day
coverage; each shift staffed by two guards. Split shifts are from 6:00 am to 2:00 pm and
5:00 pm to 1 :00 am. The proposed service level enhancement in the FY 2012/13
Budget, in the amount of $35,000, will provide security coverage between the hours of
54
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 3of9
1:OOam and 6:00am.
Existing Maintenance Services Managed by UIA Management and Excluded from RFP
On January 2010 the City Commission approved the execution of a Management Agreement
between the City and UIA Management, LLC (UIA) for the maintenance of improvements to the
1100 block of Lincoln Road Mall. Under the Maintenance Management Agreement, UIA has
provided maintenance, repair and replacement of the water features, landscaping, trees, Pedra
Portuguesa stone pavement, lighting, electrical equipment, mechanical systems and sanitation
services on the 1100 Block of Lincoln Road. Over the course of the past thirty (30) months, UIA
has met expectations under the terms and conditions of the Agreement. General consensus is
that the levels of maintenance, oversight, and repair for the contracted portion of Lincoln Road
Mall compare favorably to other Mall areas maintained by City forces.
The Management Agreement of the 1100 block of Lincoln Road Mall was contracted to UIA
Management, LLC in accordance with Section 52-6 of the original Development Order for the
construction of UIA's mixed use parking garage facility. The purpose of the Agreement was to
evaluate the benefits received by consolidating oversight and management of all maintenance
activities under a single entity as an attempt to control costs while improving levels of service
and response time. To date, the general consensus is that the contract has been successfully
executed. The 1100 block is excluded from the service area
Cleanliness Standards
The City's Cleanliness Index for Streets, Sidewalks, Rights-of-Way, Parks, Parking and Alleys
program is used to evaluate and score the condition of existing facilities. Cleanliness index
scores provide an objective measurement of performance, ranging from 1.0 (Very clean) to 6.0
(Very Dirty), and include assessment of litter, litter/garbage cans and dumpsters, organic
material and fecal matter. The target assessment score for streets and sidewalks is 1.5.
The results of the assessments are used to monitor the impact of recently implemented
initiatives to target areas for future improvements and assure the quality of services. The
average score from the City's Cleanliness Index & Assessment Program's recent surveys for
the Lincoln Road service area for Fiscal Year 2011/12 Quarters 1 through 3 is 1.48
Maintenance Budget for Existing and Contracted Services
The expenses for maintenance services are funded from the adopted City Center RDA budget
for the LRSA. This budget includes expenses for corresponding management, supervisory, and
administrative positions in the various Divisions that will remain after maintenance services are
outsourced. The expenses are not separately budgeted, but based on allocations of cost
estimated at $2.4 million. Consequently, the effective RDA budget available is estimated as
follows:
55
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12,2012
Page 4 of9
FY 2011/12:
• GreenSpace Management Division:
• Sanitation Division:
• Property Management Division:
• Special Events Coverage:
Sub-total:
FY 2012/13 Proposed Service Enhancement:
$310,000
$666,000
$453,000
$65.000
$1,494,000
• Sanitation Div. -Add'l. Pressure Cleaning: $115,000
Sub-total: $115,000
Total, Excluding Security Services: $1,609,000
Security Services Add Alternate
• FY 2011/12-Police Dept.: $186,000
• FY 2012/13 Prop. Security Enhancements: $35,000
Total, Security Services: $221,000
Grand Total -Including Security Services: $1,830,000
Capital Improvement Projects for Lincoln Road
As part of the FY2011/2012 budget process, a new capital project, "Lincoln Road Landscaping -
Lenox Ave. to Washington Ave." .was approved and funded at $150,000 to initially address
wholesale replacement of landscaping along the entire length of the Lincoln Road Mall. A
second capital project "Lincoln Road Landscaping Future Years" was also approved with the
intent of programming future annual appropriations to invest in the landscaping revitalization of
the Mall, with an additional $150,000 programmed for appropriation in FY 2012/13.
In addition, the "Lincoln Road Washington Ave. to Lenox Ave." project is programmed for a
future appropriation of $20,000,000 beginning in Fiscal Year 2014/15 for the purpose of
comprehensive enhancements including new lighting, pedestrian surface refurbishment, street
furnishings, healthy tree fertilization systems, milling and resurfacing pavement surfaces, and
crosswalk enhancements.
ANALYSIS
Extending along a nearly 4,000 foot long corridor, Lincoln Road is a major South Florida
destination serving tourists, residents and the general public. Maintaining this key thoroughfare
clean and well-maintained is essential to helping preserve the City's status as a world class
destination. For a number of years, the management of maintenance services within the
Lincoln Road service area has been provided by the Property Management, Sanitation, and
GreenSpace Management Divisions, with the Police Department managing the contracted
security services. Attachment B lists the full-time City positions assigned to Lincoln Road, as
well as their disposition in the event maintenance services are outsourced.
An integrated maintenance service program offers the benefit of competitive pricing while
maximizing value and service delivery efficiencies. Following the unanimous vote to issue the
RFP for maintenance services at the February 81h City Commission meeting, staff completed a
56
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 5 of9
draft of the scope of work and performance standards that will be included as Section II of the
proposed RFP.
RFP Scope of Work
Section II of the proposed RFP is divided into three main sections:
• Minimum Requirements I Qualifications -The primary objective of the RFP is to enter
into a contract with a responsive and responsible Contractor to ensure ever improving
level of cleanliness and maintenance services within the Lincoln Road service area. Key
requirements include:
o Proven track record of maintenance management in pedestrian-oriented venues
and facilities open to the public.
o Ability to develop and implement a quality control I quality assurance plan to
ensure that quality control services are provided by its organization, suppliers,
sub-Contractors and vendors.
o Demonstrate possession of all necessary attributes to successfully manage the
maintenance and expectations of the City, Lincoln Road property and business
owners, visitors and the general public.
o Possess and demonstrate successful use of a web-based Computerized
Maintenance Management System (CMMS) where all service requests, work
orders, and performance measures are entered and tracked.
• Required Services/Scope of Work -The required services and work scope are detailed
in the following sub-sections:
o Pedestrian Surfaces & Side Streets Maintenance
o Facilities Maintenance
o Landscaping Services
o Coordination with Code Enforcement, Police and Homeless Outreach
o Special Events
o Miscellaneous Duties
o Security Guard Services -Add Alternate No. 1
The Contractor will be required to have all services supervised under a mutually agreed
upon manager, or representative, to be exclusively assigned to the Lincoln Road service
area, and whose duties will include responding to any stakeholder issues or complaints;
ensuring that the provision of maintenance services is done with minimal disruption and
inconvenience to the Lincoln Road Mall business and property owners; and serving as
the primary point of contact with the City's contract manager.
The City's contract manager will be appointed by the City Manager and will have
responsibilities that include monitoring and documenting Contractor responsiveness and
quality of work. The City's contract manager will also coordinate as necessary with the
City's appropriate Division(s) in matters requiring certain levels of technical expertise
regarding performance and quality standards, as well as coordination of special
procurement items.
• Cost Proposal -The cost proposal format has been structured in a manner that requires
57
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 6 of9
the Contractor to provide a detailed breakdown of how it arrived at the value of its
proposal; not unlike a unit price contract. Required cost information includes: number of
positions, description of duties, hourly rates, and estimated hours per year; description
and number of vehicles and equipment, with annual operating expenses; projected
quantities of maintenance supplies and costs; projected quantities of repair and
replacement parts and unit costs; and projected quantities of plant and shrub
replacement expenses and unit costs. The Contractor will also separately list a
percentage-based amount for general, administrative, and overhead costs, and profit for
each of the major cost categories in the proposal. However, the proposal will ultimately
be evaluated and awarded based on a lump sum amount. The major cost categories in
the Base Proposal section are the following:
o Maintenance Labor Expenses
o Vehicle and Equipment Operating Expenses
o Maintenance Supplies and Consumable Expenses
o Repair and Replacement Parts Expenses
o Plant and Shrub Replacement Expenses
The cost proposal also includes the Security Guard Services Add Alternate No. 1 that
requires the Contractor to provide similar cost breakdowns for labor, vehicle and
equipment operating expenses.
The detailed cost proposal format will make it easier for the Review Panel to:
1) Determine the thoroughness of the Contractor in conducting its due diligence
with respect to the resources necessary to perform the required services and
scope of work;
2) Tabulate and compare all submittals, across the various categories, in order to
seek clarification of any apparent disparities or deficiencies in the manner in
which resources were allocated for the work; and
3) Request an explanation of any apparent pricing irregularities, and/or imbalances,
across individual items and cost categories.
• Contract Term -This contract shall remain in effect for two (2) years from date of
contract execution by the Mayor and City Clerk, and may be renewed by mutual
agreement for three (3) additional years, on a year to year basis.
Performance and Quality Standards
The goal of the City is to improve the actual and perceived cleanliness of the Lincoln Road
service area, as well as the timely and effective delivery of maintenance services through the
implementation and enforcement of performance and quality standards.
An effective tool for monitoring and evaluating the effectiveness of various targeted City
initiatives is the currently used Cleanliness Index assessments described in page 3. In addition
to this useful tool, the development of the RFP presented an opportunity to introduce a series of
performance standards that are included for the various activities described in the scope of
work. These standards address response times that depend on the nature and urgency of the
task to be performed.
58
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 7 of9
The Contractor Standards section provides specific requirements regarding quality of operation,
personnel, equipment, supplies, program management, safety regulations, and fines and
penalties.
A basic requirement of the RFP will be for the Contractor to submit a detailed Quality Control I
Quality Assurance (QA/QC) plan outlining the quality management procedures and
responsibilities for the workmanlike and professional performance of the key maintenance and
repair processes associated with this Contract.
Prior to commencement of the contract, the Contractor shall describe how it will measure quality
and performance thresholds for work performed under this Contract. The QCIQA plan will be
subject to review and input by the City, and the mutually agreed upon performance and quality
measures shall be entered into a web-based Computerized Maintenance Management System
(CMMS).
The requirement for the Contractor to utilize a CMMS, where all service requests, work orders,
and performance and quality measures are entered and tracked, will be the key to monitoring
the progress and evaluating quality of the maintenance services provided under the contract.
The Contractor will be required to provide CMMS "read-only" and management report
generating access to the City.
The quality of the work to be performed shall be determined by the Contractor's compliance to
the performance and quality standards to be established prior to commencement of the work.
Compliance verification shall be accomplished by various methods including random and
scheduled inspections by the City's contract manager, City personnel, and outside
professionals; input from the various Lincoln Road stakeholders; on-line review of CMMS
management reports and data; and the City's examination of documents and records, under its
contractual rights.
Under the proposed maintenance services agreement, the City will reserve the right to conduct
periodic inspections to assess the quality of the work performed by the Contractor in terms of
the City's Cleanliness Standards, required scope of services, as well as other mutually-agreed
performance standards resulting from the Contractor's Quality Control I Quality Assurance
Management Plan. As an additional means of ensuring compliance, the City shall apply fines
and penalties when it has been determined that the Contractor is not meeting the necessary
work requirements.
Prior to commencement of Contract, the successful Contractor shall conduct a condition
assessment and inventory of assets within the Lincoln Road Mall Service Area, to identify any
deficiencies that may need to be addressed at start of contract. The Contractor shall submit a
cost proposal for the work for review by the City. The cost proposal for the condition
assessment and inventory of assets shall be subject to negotiation and include the qualifications
and experience of the individual or sub-contractor that will provide service as well as a
breakdown of the costs to provide such service.
59
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 8 of9
EVALUATION I SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
1. The RFP will be issued
2. A Pre-Proposal Submission Meeting with potential Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the RFP. If further information
is desired, Proposers may be requested to make additional written submissions or oral
presentations to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the Proposer or
Proposers that it deems to be the best candidate(s) by using the following evaluation
criteria:
Prior Clients
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a Miami Beach-
based vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five
(5) points to Proposers, which are, or include as part of their proposal team, a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran
business enterprise, as defined in the City's Veterans Preference Ordinance.
6. The City Manager shall recommend to the City Commission the Proposal or Proposals
which he deems to be in the best interest of the City.
7, The City Commission shall consider the City Manager's recommendation and, if
appropriate, approve such recommendation. The City Commission may also, at its
option, reject the City Manager's recommendation and select another Proposal or
Proposals which it deems to be in the best interest of the City, or it may also reject all
Proposals.
8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a
mutually acceptable Agreement. If the City Commission has so directed, the City may
proceed to negotiate an Agreement with a proposer other than the top-ranked proposer.
9. The final proposed agreement(s) will be presented to the City Commission for approval.
10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk
shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so.
60
City Commission Memorandum -Lincoln Road Maintenance & Security Services RFP
Sept. 12, 2012
Page 9 of9
CONCLUSION
Should the City Commission approve this item, the Administration will proceed to issue a
Request for Proposals for Maintenance and Security Services for the LRSA.
Attachments:
A: Map of Proposed Lincoln Road Service Area
B: List of Lincoln Road City Staff Positions
KB/JGG/FHB/JJF/JC
T:IAGENDA\2012\9-12-12\Lincoln Road Mall Maintenance MEMO 2012-09-12.docx
61
0 w
~
::l
0 en
~
0
w co
0 ....
0:::
<(
w
0
~ w
UJ
w
0 z
~
~ -<(
~
c w
(f)
~
~
D..
62
Attachment 8
LIST OF CITY FULl-TIME EQUIVALENT POSITIONS ASSIGNED TO LINCOLN ROAD
Sanitation Division
Position Number nl .. posltion Following Outsourcing
MSWIII 1 AFSCME
Positions could be accomodated within existing 1-•.,•--m•-------~----~--~---------··-~·~· ---·-~·---··---·-~·~-
MSWII 6 AFSCME vacancies in Sanitation Division currently filled by -.. ~-...-..---»~~------»'>""'"" ~....-..--..,.. ""..,._.,.,.,..,.._~""' ... ..,._ .. ,__..~,,, . .,.""""" __ .... _..,. __ .... emporary employees. MSWI 7 AFSCME f-·---·*---------~ ~··-------·-------·----r--""'~'""'""""~·-»--TO'<-~~-..-..._.-...-."''"f->"'--""'""'T<o."O-T~~·T-·'f<----...-.. ~ .... ...---..-
Temp 3 N/A Reduce temps by three.
TOTAL 17
Parks & Recreation Department
Position .. be1 uargaining Unit Disposition Following Outsou
·-... ~~~~---1 AFSCME Positions could be accomodated within existing ~-----... ,..,. _____ ~------"""""'-
MSWII 3 AFSCME vacancies in Sanitation Division currently filled by ----------.. --r---_ ......... _,.,...__ .. _ .. ,.,~ ....... ~~
temporary employees.
MSWI 1 AFSCME
TOTAL 5
Property Management Division
Position Nu Bargaining Unit Disposition Following Outsourcing
Electrician 2 CWA Pursuant to the CWA Collective Bargaining
[...-----.,_--------·"""'*""'-~-,_,_·~·----·--·--·-·-·-----Agreement, these employees would be relocated to
Painter 2 CWA a position within the City.
-~-·-----·~~~~~~w_,_ "--~·--·---•-w• -~~---~-. ·-·--*-~-----
___ ,.,.,. ____ "" . ..._..""_""' ___ .. ~,.--.......-. ... --~--~~--·
Position could be accomodated within existing
MSWII 1 AFSCME vacancies in Sanitation Division currently filled by
TOTAL 5
F:\WORIC\$All\(1) EMPLOYEE FOLDERS\CANO\Uncoln R011d Malntenance\Comm. Item July. 2012\Uncoln Road RFP-City Positions Assisned to lR
63
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award Contracts Pursuant To Invitation To Bid No. 10-11/12, For The Purchase
And Delivery Of Rock, Soil, And Sand To The Following Vendors: Austin Tupler Trucking Inc., Florida
Superior Sand, Inc., G7 Holding, Inc., And Pro-Grounds Productions Inc., In The Estimated Annual
Amount Of$ 159,000.
Key Intended Outcome Supported:
Ensure Well-Maintained Facilities and Ensure Well-Maintained Infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.) N/A
Issue:
Shall the Mayor and City Commission approve the award of contracts?
Item Summary/Recommendation:
The purpose of Invitation to Bid (IT B) No. 10-11/12 was to establish contract(s), by means of sealed bids,
for the supply and delivery of rock, soil and sand on an as-needed basis, from a source(s) of supply that
will give prompt and efficient service.
This contract(s) shall remain in effect for one (1) year from the date of contract execution by the Mayor and
City Clerk. Providing the successful bidder(s) will agree to maintain the same price, terms and condition of
the current contract, this contract may be renewed, at the sole discretion of the City, through its City
Manager, for two (2) additional one (1) year terms.
ITB No. 10-11/12 was issued on February 14, 2012, with a bid opening date of March 21, 2012. A pre-bid
conference was held on February 21, 2012, and two (2) addenda were issued to provide additional
information and respond to all questions submitted by the prospective bidders.
Funding subject to Fiscal Year 2012/2013 Budget Approval.
APPROVE THE AWARD OF CONTRACT.
Board Recommendation:
Source of
Funds:
OBPI
$24,000
$20,000
$15,000
$159,000
I Impact Summary:
rk's Office Le islative Trackin
ulla
Si n-Offs:
Department
MIAMI BEACH
Account
ter and Sewer Account No. 425-0410-000342
iami Beach Golf Course Account No. 011-0970-000343
ater and Sewer Account No.425-0420-000342
Normandy Shores Golf Course Account 011-0975-000343
ndscape Maintenance Account No. 011-0940-000343
torm Water Account No. 427-0427-000342
64
r
AGENDA ITEM___;:.......:....:...=:::......_.._
DATE _...f,.......L.;~,s._;:;;;_
(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Co sion
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO INVITATION
TO BID N0.10-11/12, FOR THE PURCHASE AND DELIVERY OF ROCK, SOIL, AND
SAND TO THE FOLLOWING VENDORS: AUSTIN TUPLER TRUCKING INC.,
FLORIDA SUPERIOR SAND, INC., G7 HOLDING, INC., AND PRO-GROUNDS
PRODUCTIONS INC., IN THE ESTIMATED ANNUAL AMOUNT OF $159,000.
ADMINISTRATION RECOMMENDATION
Approve the award of contracts.
KEY INTENDED OUTCOME
Ensure Well-Maintained Facilities and Infrastructure.
FUNDING
Funding will be provided from the following Accounts for Fiscal Year 2012/2013:
$ 38,000
$ 32,000
$ 30,000
$ 24,000
$ 20,000
$ 15,000
$159,000
ANALYSIS
Water and Sewer Account No. 425-0410-000342
Miami Beach Golf Course Account No. 011-0970-000-343
Water and Sewer Account No.425-0420-000342
Normandy Shores Golf Course Account 011-0975-000-343
Landscape Maintenance Account No. 011-0940-000343
Storm Water Account No. 427-0427-000342
The purpose of Invitation to Bid (ITB) No. 10-11/12 was to establish contract( s ), by means of sealed
bids, for the supply and delivery of rock, soil and sand on an as-needed basis, from a source(s) of
supply that will give prompt and efficient service.
The ITB consisted of the following three sections: Public Works delivery during regular hours, Public
Works delivery after hours, and Parks and Recreation delivery of materials during regular hours.
This contract(s) shall remain in effect for one (1) year from the date of contract execution by the
Mayor and City Clerk. Providing the successful bidder(s) will agree to maintain the same price, terms
and condition of the current contract, this contract may be renewed, at the sole discretion of the City,
through its City Manager, for two (2) additional one ( 1) year terms.
65
Commission Memorandum -ITB 10-11112 Purchase and Delivery of Rock, Soil and Sand
September 12, 2012
Page 2
ITB PROCESS
ITB No. 10-11/12 was issued on February 14,2012, with a bid opening date of March 21,2012. A
pre-bid conference was held on February 21, 2012, and two (2) addenda were issued to provide
additional information and respond to all questions submitted by the prospective bidders.
Bid net issued bid notices to 88 prospective bidders, which resulted in the receipt of the following five
(5) bids:
• Allied Trucking of Florida
• Austin Tupler Trucking, Inc.
• Florida Superior Sand, Inc.
• G? Holding, Inc.
• Pro-Grounds Products, Inc.
The ITB stipulated that award of this contract may be presented to the lowest and best bidders, as
defined in General Conditions 1.38. Should the primary vendor fail to comply with the terms and
conditions of this Bid, the City reserves the right to award to the secondary vendor if it is deemed to
be in the best interest of the City.
Prices were submitted on the estimated annual quantity per tonnage, at firm, fixed rates. Please
refer to Appendix "A" for tabulated results for each item.
EVALUATION PROCESS
The Technical Review Panel {the "Panel") consisting of the following City staff members met on
June 26, 2012, to discuss each company's bid:
• Carlos DaCruz, Office Associate V, Parks and Recreation Department
• Martha Torres, Warehouse Supervisor, Public Works Department
The Panel recommended Austin Tupler as the lowest and best bidder for Public Works regular
hours. The following prices were submitted by Austin Tupler. The following table shows the primary
and secondary awards for these items.
Public Works Regular Hours AUSTIN TUPLER
Items Total Approx.
Concrete Screening
nd 3,400 $16.11 $54,774.00
Crushed Lime Rock
Base
Ballast Rock # 4
Pea Rock
A.S.T. M. Rock# 57
66
ALLIED TRUCKING, INC.
ce Total
$ 18.50 $62,900.00
Commission Memorandum -ITB 10-11112 Purchase and Delivery of Rock, Soil and Sand
September 12, 2012
Page 3
G? Holding, Inc., was the only bidder that submitted prices for emergency/after hours prices for
Public Works Department, as noted below:
Public Works Emergency Hours G7 HOLDING, INC.
Approx. Unit Price Total Items Tonnage
Concrete Screening Sand 3,400 $26.82 $91,188.00
Crushed Lime Rock Base 2 000 $20.45 $40,900.00
Ballast Rock # 4 600 $26.82 $16,092~
Pea Rock 600 $26.82 $16 092.
A.S.T. M. Rock# 57 1 '1 00 $26.82 $29,502.00
The Panel recommended Pro-Grounds Products and Florida Superior Sand, as the lowest and best
bidder for the Parks and Recreation Department. The following table shows the primary and
secondary award for each item:
Parks and Recreation Regular Hours
nd USGA Medium Dressin
75
5
3
8
5
5
7
800
1080
Florida Superior Sand
Unit Price Total
Pro-Grounds Products,
Inc.
Unit Price Total
*Florida Superior proposed J-Angle Bunker sand as an alternate material for G-Angle Bunker Sand.
Therefore, the Procurement Division, at the request of the Parks and Recreation Department,
instructed Florida Superior Sand, Inc., to provide a sample and specifications for J-Angle Bunker
67
Commission Memorandum-ITB 10-11/12 Purchase and Delivery of Rock, Soil and Sand
September 12, 2012
Page4
Sand for evaluation. On August 2, 2012, Florida Superior Sand's sample was sent to Tifton Physical
Soil Testing Laboratory, Inc., for testing and to determine if it met United States Golf Association
(USGA) recommendations. The report concluded that the FSS J-Angle Bunker Sand was rated
"outstanding" in the seven guidelines that the USGA recommends for selecting bunker sand.
Austin Tupler. Trucking, Inc.
Austin Tupler Trucking, Inc. (Austin Tupler) has been in business for 56 years and has been
servicing the City on the latest contract, which has already expired. The performance evaluation
submitted by the Public Works and Parks and Recreation Departments for Austin Tupler regarding
their ongoing services with the City where favorable and indicated that the quality of the work
performed was satisfactory.
Florida Superior Sand. Inc.
Florida Superior Sand, Inc., commenced operations in 1987 and has been servicing the City on the
latest contract. The performance evaluation submitted by the Public Works Department was
favorable and indicated that the quality of the work performed was also satisfactory.
G7 Holdings, Inc.
G7 Holdings, Inc. has been in business for 12 years. G? customers include Bouygues Civil Works,
Balzebre Children Trust, Inc., Tech America and APS Construction. Performance evaluations
received noted that their services were favorable and indicated that the quality of the work
performed was satisfactory.
Pro-Grounds Products, Inc
Pro-Grounds Products, Inc., has been in business for the nine (9) years and has been servicing the
City on the latest contract. The performance evaluation submitted by the Parks and Recreation
Department for Pro-Grounds regarding their ongoing services with the City was favorable and
indicated that the quality of the work performed was satisfactory.
CONCLUSION:
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
award contracts pursuant to Invitation to Bid (ITB) No. 10-11/12 for the purchase and delivery of
rock, soil, and sand to the following vendors: Austin Tupler Trucking, Inc., Florida Superior Sand,
Inc., G7 Holding, Inc., and Pro-Grounds Production, Inc., in the estimated annual amount $159,000.
T:\AGENDA\2012\9-12-12\ITB-10-11-12 Rock Soil and Sand Memo.doc
68
APPENDIX "A"
Note the following regarding Regular Prices items for Parks And Recreation : (1) Item No. 1 was no longer needed; (2) Items No.2, 19, and 26 were
duplicated; (3) Items No.3 and 20 were duplicated; (4) Item No.9 was the same as item 5 for Pubic Works and was awarded to Austin Tupler which was
the lowest bidder.
69
C4
COMMISSION COMMITTEE
ASSIGNMENTS
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
Kathie Brooks, Interim City Manager
Rafael E. Granado, City Clerk
Jorge R. Exposito, Vice-Mayor
September 6, 2012
MEMORANDUM
SUBJECT: Referral to Neighborhood/Community Affairs Committee:
Parasailing Safety
Please place a referral item on the September 12, 2012 Commission Meeting Agenda to the
Neighborhood/Community Affairs Committee and the Marine Authority for discussion of
establishing Parasailing Safety Standards.
We trust that you will find all in good order. Should you have any questions, please feel free to
get in touch with my aide, Barbie Paredes at extension 6457.
Best regards,
JRE/bp
We ore committed to providing excellent public service and sol~:v 10 oil who live, work, and ploy in our v
70
Agenda ltem __ lf_/1 __
Date f-I;J-12-
THIS PAGE INTENTIONALLY LEFT BLANK
71
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
August 29, 2012
Referral to Neighborhoods Committee:
MEMORANDUM
Review of Hurricane Season & Season Flooding Parking Policies
It is the publicized policy of the City of Miami Beach to provide access to its municipal parking garages
for residential parking free of charge during a state of emergency. Availability is on a first-come basis
with City government vehicles taking a priority. Usually, parking will resume normal operations once the
city has been declared safe or a reoccupation has been granted.
It is Commissioner Weithorn's hope to review this policy to ensure that access to municipal garages is
granted prior to the arrival of dangerous weather conditions. This policy may merit revision and/or
editing, upon the will of the City Commission, to specifically indicate that free access to municipal
garages will be granted to residents upon issuance of a tropical storm watch/warning and/or hurricane
watch/warning by the National Hurricane Center.
Possible consideration may also be given to provide circumstances for free residential access at
municipal parking garages with underutilized capacity during lunar cycles which have historically
produced seasonal high tides resulting in tidal flooding at low-lying areas including but not limited to:
Purdy Ave between Dade Blvd and 20th Street; the west side of Palm Island; and Alton Road and West
Avenue, particularly at sth Street, 6th Street, lOth Street, and 14th Street.
Should you have any questions and/or concerns, please do not hesitate to contact me at extension 6528.
Alex J. Fernandez,
Commissioner Deede Weithorn's Office
We ore committed to providing excellent public ser:ice ond solei io ali w~o live, work, and ploy in our
72
Agenda ltem~C~lfg:::::::........_
Date-.:...1/_,_,-1,2~-1 ..... 2-==----
THIS PAGE INTENTIONALLY LEFT BLANK
73
MIAMI
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim Manager
Rafael E. City Clerk
FROM: Jorge R. Exposito, Vice-Mayor
DATE: July 10, 2012
SUBJECT: Referral to Neighborhood/Community Affairs Committee:
No Wake Zone
Please place a referral item on the September 12, 2012 Commission Meeting Agenda to the
Neighborhood/Community Affairs Committee and Marine Authority relating to the creation of
a No Wake Zone Ordinance.
We trust that you will find all in good order. Should you have any questions, please feel free to
get in touch with my aide, Barbie Paredes at extension 6457.
Best regards,
JRE/bp
We are commilled io providing excel/en/ public service and sol~'>' !o all who live, work, and ploy in our v
Agenda Item ------
Date 9-I:I -12..
74
THIS PAGE INTENTIONALLY LEFT BLANK
75
lrl MIAMI BEACH ._..
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manage
FROM: Michael Gongora, Commissioner
DATE: September 9, 2012
SUBJECT: Referral Item for September Commission Meeting
Please place on the September 12th Commission meeting consent agenda a referral to
the Land Use Committee for discussion concerning the Miami Beach Human Rights
Committee resolution regarding the posting of public notices. Please find resolution
attached. If you have any questions please feel free to contact my aide Diana Fontani
at ext 6087.
MG/df
76
Agenda Item C L( D
Date fir/,;) -/.L
MIAMI BEACH
OFFICE OF THE CITY MANAGER
NO. 162-2012 LEITER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager 11·{.1 1~
-··DATE: June 20, 2012
SUBJECT: TRANSMmAL Of MIAMI BEACH HUMAN RIGHTS COMMmEE
RESOLUTION NO. 2012-001 -Posting of Public Notices
This LTC is to inform you that the Miami Beach Human Rights Committee (MBHRC) adopted
the enclosed resolution at their June 19, 2012 meeting, pertaining to the City's Human
Rights Ordinance.
The MBHRC is urging the City Commission to amend the City's Human Rights Ordinance
(No. 2010-2669) adopted on January 13, 2010, to incorporate notice requirements to be
posted in all public accommodation and places of employment, which are subject to the
Miami Beach Human Rights Ordinance, in order to provide residents of and visitors to Miami
Beach with vital information concerning their rights under the City's Human Rights
Ordinance.
If you have any questions, please contact the City Clerk's Office at 305.673.7 411,
JMG:R~h .
Enclosure: Resolution 2012-001
n
--i -<
("")
I ,..,,
::v
~·,
Ul
0 -.,
~
("")
f"T1
F:\CLER\HATL\Letters\LTC\162-2012 MBHRC POSTING OF NOTICES Transmittal Reso.doc
77
~
c:t
~ ,_
c z
N
0 ..,
:::11:
~
c..,)
c..n
:::0
rn
()
m
< rri
0
MBHRC RESOLUTION NO. 2012-001
RESOLUTION OF THE CITY OF MIAMI BEACH HUMAN RIGHTS
COMMITTEE URGING THE MAYOR AND CITY COMMISSION TO
AMEND THE CITY'S HUMAN RIGHTS ORDINANCE TO REQUIRE THE
POSTING OF NOTICES IN EVERY PLACE OF EMPLOYMENT AND
PUBLIC ACCOMMODATION THAT FALLS SUBJECT TO THE HUMAN
RIGHTS ORDINANCE, INDICATING THE APPLICABLE
SUBSTANTIVE PROVISIONS OF THE HUMAN RIGHTS ORDINANCE,
THE PLACE WHERE COMPLAINTS MAY BE FILED AND SUCH
OTHER INFORMATION AS THE CITY OF MIAMI BEACH DEEMS
PERTINENT
WHEREAS, on January 13, 2010, the Mayor and City Commission of the City of Miami
Beach adopted Ordinance 2010-3669, amending the City of Miami Beach Human Rights
Ordinance; and
WHEREAS, the Miami Beach Human Rights Ordinance established the City of Miami
Beach Human Rights Committee, which has as one of its principle duties recommending
to the City Manager and the City Commission legislation that would further the purpose
of eliminating and preventing discrimination in employment and public accommodations
because of race, color, national origin, religion, sex, gender identity, sexual orientation,
disability, marital and familial status, or age; and
WHEREAS, the Miami Beach Human Rights Committee finds that oftentimes many
residents and visitors to Miami Beach are unaware of the City's Human Rights
Ordinance; and
WHEREAS, the Miami Beach Human Rights Committee finds that amending the Miami
Beach Human Rights Ordinance to require every person being the owner, lessee, sub-
lessee, assignee, or managing agent of public accommodations subject to the Miami
Beach Human Rights Ordinance to post and maintain at such public accommodations, in
conspicuously and easily accessible well-lighted place where they may be readily
observed by those seeking or visiting such public accommodations, notices furnished by
the City of Miami Beach indicating the substantive provisions of the Human Rights
Ordinances relative to public accommodations, the place where complaints may be filed
and such other information as the City of Miami Beach deems pertinent, to be an
important tool to provide residents of and visitors to Miami Beach with vital information
concerning their rights under the City's Human Rights Ordinance; and
WHEREAS, the Miami Beach Human Rights Committee finds that amending the Miami
Beach Human Rights Ordinance to require every employer subject to the Miami Beach
Human Rights Ordinance to post and maintain at its offices, places of employment or
employment training centers, in a conspicuously and easily accessible and well-lighted
place customarily frequented by employees and applicants for employment, notices
furnished by the City of Miami Beach indicating the substantive provisions of the Human
Rights Ordinance relative to employment, the place where complaints may be filed and
such other information as the City of Miami Beach deems pertinent, to be an important
tool to provide residents of and visitors to Miami Beach with vital information concerning
their rights under the City's Human Rights Ordinance,
78
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI BEACH HUMAN RIGHTS
COMMITTEE, that:
Section 1. The foregoing recitals are incorporated in this resolution, and are
approved and incorporated by reference.
Section 2. The Miami Beach Human Rights Committee urges the Mayor and City
Commission of the City of Miami Beach to amend the Human Rights Ordinance to
incorporate such notice requirements to be posted in all public accommodations and
places of employment that are subject to the Miami Beach Human Rights Ordinances, in
order to provide residents of and visitors to Miami Beach with vital information
concerning their rights under the City's Human Rights Ordinance,
PASSED and ADOPTED this 191hday of June 2012.
Esq.-Chair
Rl:r~~uman Rights Committee
Offered by Miami Beach Human Rights Committee Member Walker C. Burttschell, who
moved its adoption. The motion was seconded by Miami Beach Human Rights
Committee Vice Chair Alan B. Fishman, and upon being put to a vote, the vote was as
follows:
Elizabeth Schwartz, Esq., Chair-Aye
Alan B. Fishman, Esq., Vice Chair-Aye
Michael T. Andrews-Aye (Appeared Telephonically)
Walker C. Burttschell -Aye
Dr. Todd M. Narson-Absent
CJ Ortuno -Aye
Dr. Barry Ragone -Absent
Rafael Trevino -Absent
William Warren, Jr. -Aye
79
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie Brooks, Interim City Manage
FROM: Michael Gongora, Commissioner
DATE: September 9, 2012
SUBJECT: Referral Item for September Commission Meeting
Please place on the September 1 ih Commission meeting consent agenda a referral to
the Land Use Committee for discussion concerning the motion regarding hours of
operation for clubs and bars during special LGBT events passed by the LGBT Business
Enhancement Committee. Please find motion attached. If you have any questions
please feel free to contact my aide Diana Fontani at ext 6087.
MG/df
Agenda Item C tf £
Date ?--1;2-·/ RL
80
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
Interim City Manager Kathie G. Brooks
City Clerk Ralph Granado
FROM: Alex J. Fernandez,
On behalf of the LGBT Business Enhancement Committee
DATE: July 26, 2012
SUBJECT: Hours of Operation for Clubs & Bars during Special LGBT Events
Please be advised that during its regularly scheduled meeting of July lOth, 2012, the Miami
Beach LGBT Business Enhancement Committee passed a motion urging the City Commission to
develop a year's calendar of LGBT events during which clubs & bars may be granted extended
hours of operation. The Committee recommends that this calendar of events include White
Party, Winter Party, Miami Beach Gay Pride, and Aqua Girl. The spirit ofthe recommendation is
to prevent these events from relocating from the City of Miami Beach to other vibrant areas of
Miami-Dade County where loser restrictions apply.
The motion was presented by Committee Member Willis "Chip" Arndt, Jr. and second by
Committee Member Billy Kemp. Any questions and/or concerns regarding this item may be
directed to Committee Chairman Ivan Cano who may be contacted at 305-319-2693 or by
email at "-'-"'"'""""="-=-c..,.._;..;;;;.;.=~~·
Alex J. Fernandez,
City Liaison to the
LGBT Business Enhance Committee
C: Members of the LGBT Business Enhancement Committee
ccmm!tied lo ono p!O/
81
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: September 6, 2012
SUBJECT: Agenda item for September 12\ 2012 City Commission Meeting
Please place on the September 1 ih Commission Meeting a referral to
Neighborhood/Community Affairs Committee to discuss "Green Alleys" on Miami
Beach.
If you have any questions please contact, Dessiree Kane at Extension 6274
ET/dk
Agenda Item __ ...;........ __ _
Wo ore commitled /o prov1ding excel/en/ public service and soii'Jy to ail whc' 11ve. work. and ploy 111 01
82
THIS PAGE INTENTIONALLY LEFT BLANK
83
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: September 6, 2012
SUBJECT: Agenda item for September 12, 2012 City Commission Meeting
Please place on the September 1 ih Commission Meeting a referral to
Neighborhood/Community Affairs Committee to discuss City of Miami Beach
Ordinance, Administration, Section 2-459, entitled "Certain Appearances Prohibited".
If you have any questions please contact, Dessiree Kane at Extension 627 4.
ET/dk
We are committed fo providing excel/en/ public service ond sclh'r/ /o oii who '•ve, work. ond ploy in ou.
Agenda Item_-:--;......_ __
84
THIS PAGE INTENTIONALLY LEFT BLANK
85
C6
COMMISSION COMMITTEE REPORTS
(")
en
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: REPORT OF THE JULY 25, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on July 25, 2012. Members in
attendance were Commissioners Gongora, Libbin, Wolfson; Mayor Bower was also in
attendance. Members from the Administration and the public were also in attendance.
Please see the attached sign-in sheet. The meeting was called to order at 4:30 pm.
1. DISCUSSION REGARDING A RESOLUTION BY THE HISTORIC PRESERVATION
BOARD TO MODIFY THE CODE GOVERNING THE VOLUNTARY DESIGNATION OF
SINGLE FAMILY HOMES.
{DEFERRED FROM THE JUNE 13,2012 LUDC MEETING
ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER
SEPTEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: William Cary introduced the item.
MOTION: Libbin/Bower: (3-0) Bring back to the Committee a draft ordinance amendment
setting the date for DRB review of single family homes to 1966.
2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES.
{DEFERRED FROM THE JUNE 13,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON,
OCTOBER 19. 2011_CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: Commissioner Wolfson introduced the item, and the Committee
discussed the matter further, going into what areas of the City are being used by hotel
employees for parking, for example near the Hebrew Academy on Pinetree Drive, or even
the single family residential area on Flamingo Drive near 41st Street (it was alleged that hotel
employees are parking in these areas for free, and then being picked up by vans provided
by the hotel. Alternative locations for parking for employees were discussed, such as the
42nd Street Garage, and 5th and Alton Garage. Adam Shedroff spoke about the problem.
86
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 25, 2012
Page 2 of4
MOTION: ITEM CONTINUED TO NEXT MEETING.
3. DISCUSSION REGARDING NOT CHARGING DOUBLE PERMIT FEES FOR PEOPLE
WHO COME FORWARD AND REQUEST PERMITS FOR WORK DONE WITHOUT A
PERMIT.
{DEFERRED FROM THE JUNE 13, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
DECEMBER 14, 2011 CITY COMMISSION MEETING, ITEM C4A)
AFTER-ACTION: Commissioner Wolfson introduced. tfue item and explained the reasoning
behind giving people who came forward voluntarily an amnesty so they didn't have to pay
the double fees for work done without a permit. Discussion of the Florida Building Code,
and what ability the City had to waive the double fees ensued, and Steve Scott, Building
Director, explained the Code.
MOTION: Wolfon/Libbin: (3-0) Motion ing DePt'"'" ent and the City
Attorney's Office to reach out to Florida ission to se ey could allow
flexibility on the double fees.
4.
requi
amendm
historic
single family
generators.
BOARDS OF MIAMI BEACH
DING AND PLANNING
MEETING
ION MICHAEL GONGORA
ON MEETING, ITEM C4M)
Director, explained that at the previous
bring back ideas for amendments to the
reduce the number of variances that are
ent. He introduced several concepts, including
for in the RM-3 district, minimum hotel room size for
for RM-2 districts that permit six stories, swimming pools for
and requirements for air conditioner condenser units and
MOTION: Libbin/G : (3-0) Staff to bring back these concepts to the Committee, in
ordinance form, when ready.
5. DISCUSSION REGARDING AN AGREEMENT WITH MARRIOTT SEVILLE, FOR
IMPROVEMENTS TO AND THE MAINTENANCE OF THE 29TH STREET END AND
TRAFFIC CIRCLE AND FOR THE CONSTRUCTION OF A PORTION OF THE
BEACHWALK.
{REQUESTED BY CITY COMMISSION
JUNE 6, 2012 CITY COMMISSION MEETING, ITEM C4E)
87
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 25, 2012
Page 3 of4
AFTER-ACTION: Fred Beckman began the discussion, explaining the Marriott Seville
project, and the proposed re-working of the front entrance to the property and the swap of land
between the City and the project in order to improve access and circulation. The discussion
centered upon protecting the access to the adjacent residential Triton Towers. Mickey Marrero,
attorney for the Marriott, indicated that Triton Towers had agreed to the proposal and liked it.
MOTION: Libbin/Gongora: (3-0) Move the proposal forward to the City Commission, but
also get a resolution of support from the Triton Towers association.
6. DISCUSSION REGARDING A PROPOSED SE\NAGE LIFT STATION IN 18TH
STREET FOR THE SHELBOURNE HOTEL.
7.
{REQUESTED BY CITY COMMISSION
JULY 18,2012 CITY COMMlS.SION MEETING,IITEM C4D)
ewage flooded into
tation. The only
Fred Beck explained that
the Shelborne would be paying
r asked what the criteria for
Commissioner Gongora also
for the nominal cost of $10,
nt agenda.
ON SERVING AS THE EVALUATION
ECTS.
N JONAH WOLFSON
....:.....:.;:..a...:.:..:.:: ITEM C41)
er Wolfson introduced the item, proposing that large projects
that entailed City-owned property and had extraordinary impact on the
City, the City ld serve as the selection committee. Commissioner Gongora
expressed some ut changing the present system, but was not opposed to the
idea. Commissioner n was concerned that going to the Commission serving as
selection committee would eliminate two layers of oversight -the selection committee,
which currently is made up of experts, professionals and citizens, and the City Manager, and
that it could hamper the City Manager's due diligence process. The discussion turned to
giving more input into the makeup of the selection committee to the City Commission. It was
pointed out that the City Commission can always override the recommendations of the
selection committee anyway. Commissioner Wolfson indicated that the Commission has
gotten so used to deferring to appointed committees that it has become a crutch.
Commissioner Gongora proposed a compromise that would permit the Commission to
directly appoint the selection committee. Commissioner Libbin indicated he would be in
favor of appointing the committee, as long as there was enough lead time, but that he was
88
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 25, 2012
Page 4 of4
not in favor of the Commission serving as the selection committee. Questions were then
discussed regarding whether the Commissioners could sit in on the committee meetings,
and Raul Aguila of the City Attorney's Office explained that they really couldn't. According
to a new law on the subject, the selection committee hearings are closed to the public. A
Commissioner could attend, but not speak or interact with the proceedings. Two or more
Commissioners in attendance would create problems with the Sunshine Law. Russell
Galbut spoke. Ralph Andrade spoke. Raul Aguila explained that in Broward County there is
a limited role for Commissioners to sit on certain selection committees, and that although the
standard process under the model procurement process is our existing procedure, some
other jurisdictions do vary from this and have the Commission serve as selection committee.
The applicability of the proposed new process was also 1discussed, and Raul Aguila clarified
that the new process would not be applied to Procurement projects that were already
underway. ·
MOTION: Wolfson/Gongora: (3-0). For m~jor development projects or conveyance of
property, the City Commission may either to serve as the selection committee, or
alternatively, may directly appoint the sel committee.
Attachment
89
6, 7, 8. -9. (Q 0 L 11. 12. 14 15. 16. 17. 18. 20. NAME LAND USE AND DEVELOPMENT COMMITTEE MEETING July 25, 2012 @ 4:00 pm 3rd Floor Large Training Room, 1755 Meridian Ave. Attendance Sheet CONTACT NUMBER I I WISH TO RECEIVE THE AGENDA ELECTRONICALLY Mi1,$C,Mi;J\CCU'PtiAi'E5i\Uitid Use and Development C<>mmit:tse\2012\Sign In Sheet @ ~s,(;:;,'""' @ ---@ @ @
THIS PAGE INTENTIONALLY LEFT BLANK
91
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM' Kathie G. Brooks, Interim City Manager ~,_/A/--,
DATE: September 12, 2012
SUBJECT: REPORT OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE HELD ON
MONDAY, JULY 30,2012.
A meeting of the Neighborhood/Community Affairs Committee was scheduled for Monday, July 30,
2012 at 3:00 pm and was held in the City Manager's Large Conference Room, 4th Floor of City Hall.
Commissioners in attendance: Commissioners Ed Tobin (arrived at 4:05pm), Jerry Libbin
(departed at 6:1Opm), and Jorge Exposito. Members from the Administration and the public were also
in attendance. Please see the attached sign-in sheet.
1. DISCUSSION AND UPDATE ON THE CITYWIDE DUNES MAINTENANCE PLAN.
(5:48PM)
Public Works Director Fred Beckmann explained the results of the inspection of the Ocean
Terrace area in June. Trimming was performed and has improved visibility, this facilitating the
Police Department's ability to identify illegal activities occurring in this protected habitat. Thirty
(30) reflective dune "No Trespassing" signs have been ordered to be installed in hotspot locations.
He highlighted that they have applied for a grant from the Florida Department of Transportation
where the funds should be available in July of this year and once those funds become available,
restoration will begin in the area between 64th through ygth Street.
Mr. Beckmann explained the proposal for handling the dune maintenance will still include multiple
departments. It is envisioned that citywide routine dune inspections conducted by a designated
individual that can address simple maintenance activities would result in a better managed dune
system. A key feature in this proposal is tracking the inspections and maintenance in CityWorks.
The inspector will be responsible for conducting minor maintenance such as removing graffiti,
repairing sand fencing, fixing signage and minor litter removal. In addition, the inspector will serve
as an additional set of eyes that can identify areas of larger concern such as homeless activity,
missing rope and post, and overgrown vegetation and enter such in the work order system. The
Environmental Division will be responsible for managing the dune management and maintenance
program and logging all incidents into the database for tracking and reporting. Mr. Beckmann
explained the anticipated upfront costs but anticipates that this will save money long-term by
eliminating the necessity of conducting future expensive, large-scale removals and will prevent
invasive vegetation from re-establishing din restored locations.
Commissioner Tobin expressed concern with the costs and whether this is just the easiest
methodology to tackle the problem; which is to add another expense. Mr. Beckmann explained
that this proposal is trying to address the concern previously expressed by the Neighborhood/
Community Affairs Committee that, with the joint departmental inspections, there is no focal point
for who is responsible for this program. He added that the estimated first year cost of $61,000
could be revisited to see if there are other resources within the departments where the first year
costs might be eliminated.
Agenda Item ~' B
92 Date f-1¢~/.J.
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 2 of 10
Environmental Manager Elizabeth Wheaton explained the current costs and scope of dune
maintenance.
Commissioner Lib bin stated that he is prepared to spend more money to maintain the dunes all
the time rather than just on a 5-year cycle. Mr. Beckmann clarified that this is for a citywide
program and that after a year or two, once the program is established, it will level off.
Commissioner Libbin left the meeting at 6:10pm.
Commissioner Exposito asked how difficult is it to review the dunes and is it something that is very
specialized because of some of the conditions that have been indicated. He asked if this is
something that can be absorbed by Parks and Recreation. Ms. Wheaton explained the
differences between what her division would be looking for as opposed to what the Police
Department and the Homeless Outreach would be considering a problem. Mr. Beckmann
explained how the current multi-departmental inspections work.
Commissioner Tobin asked that this discussion return to the next meeting of the Neighborhood/
Community Affairs Committee with information as to how much money is being spent on the
dunes, and how much money it would take to keep all the dunes maintained, while addressing all
the problems in the most efficient manner possible.
ACTION: The Committee (Commissioners Tobin and Exposito present) directed the
Administration to return to the next meeting of the Neighborhood/Community Affairs Committee
with information as to how much money is being spent on the dunes, and how much money it
would take to keep all the dunes maintained, while addressing all the problems in the most
efficient manner possible.
2. DISCUSSION REGARDING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED "MONUMENTS OR
MEMORIALS," BY ADDING CRITERIA TO PROVIDE THAT: A) ONLY THE MAYOR OR A
MEMBER OF THE CITY COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY COMMISSIONERS SHALL EACH BE
LIMITED TO PROPOSING THE ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER
TERM OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY THE
ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE IN GOOD STANDING IN THE
COMMUNITY AND IF, AFTER THE HONOR IS BESTOWED, THE PERSON IS CONVICTED OR
ADJUDICATED GUll TV OF A FELONY, THE NAME OF THE PERSON SHALL BE REMOVED
FROM SUCH MONUMENT OR MEMORIAL OR THE MONUMENT OR MEMORIAL ITSELF
MAY BE REMOVED, WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
(5:33PM)
Gayle Durham spoke.
Commissioner Lib bin stated that great care must be used in naming something when public funds
are being used as opposed to when substantial private funds are used.
Commissioner Exposito asked why this discussion is back to this Committee. Chief Deputy City
Attorney Raul Aguila explained the history of this discussion.
93
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 3 of 10
Commissioner Tobin stated that he is agreeable with not naming something after a convicted
felon and the removal of a name if the person is convicted after the naming.
City Attorney Jose Smith reminded the committee that a concern was raised previously as to the
cost of maintenance of the monument or memorial.
Commissioner Libbin made the motion that if the Commission agrees that the City should have
such a monument, plaque, or memorial, then it should be part of the City's budget to maintain it,
regardless of who made the proposal. Motion did not receive a second.
Commissioner Tobin asked the Committee if there is a part of this discussion that they would like
to see go through at this time. Mr. Aguila asked if the Committee would like him to draft some
language for September regarding maintenance. Commissioner Tobin would like something
clean and simple as he does not want to see the City being stuck with the cost however he does
want the cost to be part of the discussion.
Commissioner Libbin clarified that he believes that if the Commission ultimately decides to move
forward with honoring someone then it ought to anticipate that the City will pay to maintain it
unless it is singled out that the cost is so extraordinary. Interim City Manager Kathie Brooks
suggested adding requirements to include identification of the costs.
ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) directed the
Administration to come back to the Neighborhood/Community Affairs Committee in September by
consensus, with language regarding maintenance and to include the requirement for the
identification of the costs in a proposed monument or memorial.
3. SPECIAL EVENTS.
(7:25PM)
A. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 12 OF THE MIAMI
BEACH CITY CODE, ENTITLED "ARTS, CULTURE AND ENTERTAINMENT," BY
AMENDING ARTICLE II THEREOF, ENTITLED "SPECIAL EVENTS," BY AMENDING
SECTION 12-5, "SPECIAL EVENTS PERMITS" TO PROVIDE CLARIFICATION TO
SPECIAL EVENT APPLICANTS UNDER PROVISION (5); BY PROVIDING
ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF SECTION 12-5 AS SET
FORTH IN PROVISION (9); AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
B. DISCUSSION REGARDING A RESOLUTION REVISING THE "SPECIAL EVENTS
REQUIREMENTS AND GUIDELINES," BY AMENDING THE FOLLOWING SECTIONS:
"APPLICATION PROCEDURE," "WEDDINGS AND CEREMONIES," "PRODUCT
PROMOTIONfTEMPORARY SAMPLING", "MINIUMUM REQUREMENTS," "INTERNAL
REVIEW PROCEDURE," "EXTERNAL REVIEW PROCEDURE," "VEHICLE ACCESS
POLICY," "CONCESSION AGREEMENTS," "USE OF PUBLIC PROPERTY,"
"ENFORCEMENT AND PENAL TIES;" AND FURTHER AMENDING THE SPECIAL
EVENT FEE SCHEDULE, AND HEREBY PERMITTING AND RESTRICTING FURTHER
USES ON PUBLIC PROPERTY.
Interim Assistant City Manager Max Sklar explained that this discussion has been to the
Neighborhood/Community Affairs Committee several times and was referred back for further
discussion by the Commission.
94
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 4 of 10
Commissioner Tobin confirmed that both Interim Assistant City Manager Max Sklar and Film and
Print Production Manager Graham Winick had thoroughly read the guidelines as submitted. Mr.
Sklar added that it has been taken to the community and the industry several times.
ACTION: The committee (Commissioners Tobin and Exposito present) moved to take this item
back to the Commission in October.
4. QUARTERLY REPORTS REGARDING WASHINGTON AVENUE.
(6:18PM)
Interim Assistant City Manager Max Sklar reviewed the proposed Washington Avenue
Enhancement Plan as presented in the agenda covering Safety, Cleanliness, Cultural Corridor,
and Marketing & Promotion.
Commissioner Tobin requested to hear from the Police Department during the next quarterly
report on how they feel the City can best attack repeat and violent crime on Washington Avenue.
Economic Development Division Director Kevin Crowder explained the upcoming pilot program
scheduled for August to increase lighting levels back to original levels on the 900 and 1100 blocks
of Washington Avenue.
Commissioner Exposito asked how or if the business types and locations can be controlled.
Assistant City Manager Jorge Gomez explained a cooperation of property owners would be
necessary and certain uses may be identified to be conditional uses and possibly prevent their
concentration as was done with pawn shops.
Commissioner Tobin requested to hear from the actual crews that do the pressure cleaning and
pick up the litter on Washington Avenue. He would like to set up a meeting with them.
Mr. Crowder reviewed the Long-term Enhancement Plan as outlined in the agenda package.
Commissioner Exposito would like to see architecture accentuated with up-lighting. He also
expressed his concern with the condition of the medians and the options that could increase store
front foot traffic.
Commissioner Tobin stated that the overall economic viability is the desire and that safety is most
important. A lengthy discussion ensued regarding the police presence in the area, the sector plan,
and their scheduling.
Commissioner Exposito asked for some feedback from the cultural institutions as to how they see
their role.
City Attorney Jose Smith recalled a previous discussion regarding zoning incentives to property
owners that have the right mixture of tenants; maybe a height increase or other type of incentive
and asked if there were any ideas floating around.
Mr. Crowder advised that when they return for the next quarterly report they will include some
recommendations as to how to measure how well the plan is progressing.
Further discussion continued regarding zoning incentives and how to encourage preferred
businesses.
95
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 5 of 10
Commissioner Exposito made the motion to recommend accepting the recommended
Enhancement Plan and directed the Administration to move it through the budget process.
Motion seconded by Commissioner Tobin.
ACTION: The Committee (Commissioner Tobin and Exposito present) moved to recommend
accepting the recommended Enhancement Plan and directed the Administration to move it
through the budget process.
5. DISCUSSION REGARDING A RESOLUTION DIRECTING THAT AN APPLICATION FOR A
SIDEWALK CAFE PERMIT FOR THE DREXEL AVENUE AND 16TH STREET SIDEWALKS IN
FRONT OF THE RETAIL SPACES OF THE PARK@ 420 GARAGE, LOCATED AT THE
CORNER OF 16TH STREET & DREXEL AVE.
ACTION: Discussion of this item was deferred.
6. DISCUSSION REGARDING WHETHER THE CITY SHOULD ENTER INTO A NEW LEASE
AGREEMENT WITH DESIGN MIAMI TO HOLD THE DECEMBER DESIGN MIAMI SHOW IN
THE PREFERRED PARKING LOT, FOR SPECIFIC DATES IN 2013,2014,2015, AND 2016.
(5:30PM)
Interim Assistant City Manager Max Sklar explained that Design Miami is currently in its third and
final year of their Lease Agreement with the City and has expressed an interest in renewing their
lease. As their current agreement does not have a renewal provision, Mr. Sklar explained that
prior to sitting down to negotiate terms with them, the Administration is asking this committee if
this is something the committee was interested in.
Commissioner Tobin expressed concern if this should involve some type of development. Mr.
Sklar explained that the current agreement includes a clause that gives the City an out should the
City want to develop the lot and a similar clause would be in a new agreement.
Commissioner Exposito made a motion to direct Administration to explore an agreement with
Design Miami. Motion seconded by Commissioner Tobin.
Ty Bassett spoke.
ACTION: The Committee (Commissioners Tobin, Libbin, and Exposito present) moved to direct
the Administration to explore a new agreement with Design Miami.
7. DISCUSSION REGARDING AN ORDINANCE AMENDING CHAPTER 70 OF THE MIAMI
BEACH CITY CODE ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II,
ENTITLED "PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED "DEFINITIONS," BY
ADDING A DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-67,
ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE PROHIBITIONS REGARDING
MOTORIZED MEANS OF TRANSPORTATION, INCLUDING ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY REWORDING THE
PROVISIONS THEREIN AND CONFORMING THE LANGUAGE TO STATE LAW; BY
RESTRICTING THE SPEED OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO
SIX (6) MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY
AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY EXEMPTING THE USE OF
96
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 6 of 10
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES BY CITY POLICE AND CITY
CONTRACTED SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY AMENDING
SECTION 70-69, ENTITLED "RESPONSIBILITIES OF BICYCLISTS AND SKATERS," BY
ADDING RESPONSIBILITIES FOR PERSONS OPERATING ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED "PENAL TIES,"
TO PROVIDE FOR RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND
TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING
SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN
ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENAL TIES FOR THE VIOLATION OF
CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
(3:55PM)
Josh Squire joined the meeting via conference call.
Public Works Director Fred Beckmann explained that this item was passed on First Reading at
the Commission's May 9, 2012 meeting. At the June 6, 2012 Commission meeting, the
Administration requested that this item be opened and continued in order to allow City staff and
Segway business owners and other stakeholders the opportunity to address outstanding concerns
raised by Segway rental and tour companies.
Mr. Beckmann explained that the Administration does not agree with the following three (3)
proposed changes from Segway businesses:
• Segway speeds should be set at 8-10 MPH (rather than the 6mph speed limit in the
Ordinance)
• Establishing designated lanes on the Beachwalk and other pathways to separate
pedestrians from Segways, trikes, electric bikes, and other motorized modes of
transportation
• Establishing "slow zones" along the Beachwalk from 51h Street to 21st Street and other
heavily congested pedestrian pathways'; and installing signage indicating such zones
for the safety of all motorized devices and pedestrians using the pathways.
• Proposed regulations should not be exclusive to Segways, but should also apply to
other modes of motorized/electric transportation such as electric bicycles, trikes, and
electric scooters.
Jeff Bechdel spoke.
Josh Squire spoke. (Participated by phone)
John Sansac spoke.
Ben Berry spoke.
A lengthy discussion ensued regarding limiting the speed of the Segways and the impact on the
life of the Segway motor.
Commissioner Exposito asked if insurance company that covers the commercial general liability
policy require a certain level of training be given to their renters. Mr. Squire stated that they do.
Commissioner Tobin arrived at 4:05pm.
Mr. Beckmann explained the recommendation was originally 6 mph because that was a pre-set
speed and while the operators are asking for 8-10 mph speed limit he would recommend the
lower of 8 mph.
97
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 7 of 10
Adam Shedroff spoke.
Dr. Morris Sunshine spoke.
David Kelsey spoke.
City Attorney Jose Smith stated that speed is an important issue; that reckless driving is the
biggest problem out there particularly in congested areas. He would like the Committee to
consider banning in certain congested areas.
Adam Shedroff spoke again,
Commissioner Libbin would like to see something from the manufacturer that details that limiting
the speed to 6 mph is bad for the motor, but would be comfortable with 8mph as a speed limit.
Commissioner Tobin stated that he believes that at some point, the City may have to put a limit on
the number of these vehicles that are out there and would like the Administration to consider that
for sometime in the future. He continued that he is agreeable with the following:
• A speed limit of 8 mph as long as the documentation from the manufacturer
substantiates the claim that the motors will burn out at 6mph
• Administration to look at the insurance requirements to ensure that the company is
Best Key rated of B+VI or better to ensure coverage, and that there is a medical pay
on the policies, in the event that someone is hurt
• Visible identification on each Segway listing the name of the company
• Accident reporting requirements that are consistent with motor vehicles
• Limiting use to certain areas
• Prior to renting, the company is to sign an affidavit that states that the renter has been
trained and the company believes the driver is competent to be on the street
He added that while he is not comfortable with all of the penalties; there should be some penalties
but does not want them to be the cost of doing business. Commissioner Tobin stated that he
would like the Administration to bring this back to the Commission for a vote.
Commissioner Exposito added that he would like other types of vehicles to be included. He
agrees that signage is important for identification of the rental company, and that safety
requirements should be posted on the window of the businesses, and the renters should have to
sign-off and be given a copy of the City's safety requirements.
Commissioner Lib bin is agreeable for the company to be penalized for what they may have done
wrong, such as renting to an under-aged driver, but they should not be held responsible for the
driver being reckless.
Dr. Sunshine asked that a list of what entity would be responsible for the enforcement of the rules
that are established; whether it is Code Compliance or the Police Department. Commissioner
Tobin asked for a concurrence from the departments.
ACTION: The Committee (Commissioners Tobin, Libbin and Exposito present) directed the
Administration to bring this to the City Commission having considered the following:
• A speed limit of 8 mph as long as the documentation from the manufacturer
substantiates the claim that the motors will burn out at 6mph
• Administration to look at the insurance requirements to ensure the company is Best
Key rated of B+VI or better, to ensure coverage and that there is a medical pay on the
policies in the event that someone is hurt
• Visible identification on each Segway listing the name of the company
• Accident reporting requirements that are consistent with motor vehicles
98
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 8 of 10
• Limiting use to certain areas
• Prior to renting, the company is to sign an affidavit that states that the renter has been
trained and the company believes the driver is competent to be on the street
• Review the penalties
• Include other vehicles; not limit to Segways
• Safety requirements should be posted on the window of the businesses and the
renters should have to sign-off and be given a copy of the City's safety requirements.
• Detail which department is responsible for enforcement of rules
8. DISCUSSION REGARDING AN AGREEMENT WITH MARRIOTT SEVILLE, FOR
IMPROVEMENTS TO AND THE MAINTENANCE OF THE 29TH STREET END AND TRAFFIC
CIRCLE AND FOR THE CONSTRUCTION OF A PORTION OF THE BEACHWALK.
(7:13PM)
Public Works Director Fred Beckmann reviewed the Marriott Seville Development project. This
project is a hotel/condominium development and one of the requirements by the Historic
Preservation Board was to redo the 29th Street e,ntrance. The owner has proposed an exchange
of easements with the City. Mr. Beckmann explained that the proposal has been endorsed by the
Administration and the Land Use and Development Committee. He highlighted that the owner will
replace the boardwalk with a beachwalk from 29th Street to 30th Street.
Assistant City Manager Jorge Gomez reviewed the design in greater detail. Further discussion
ensued regarding deliveries, bus access and parking. Commissioner Tobin expressed his
concern that the exit lanes at the traffic light must be two lanes and asked that if it is not two lanes
he wants this discussion to come back to the Committee.
Commissioner Exposito made a motion to accept the design as recommended. Motion seconded
by Commissioner Tobin.
ACTION: The Committee (Commissioners Tobin and Exposito present) moved to accept the
design as recommended.
9. DISCUSSION CONCERNING THE FLAMINGO PARK NEIGHBORHOOD BECOMING
FLORIDA'S MOST PEDESTRIAN FRIENDLY NEIGHBORHOOD.
ACTION: Discussion of this item was deferred,
10. DISCUSSION REGARDING THE ISSUE OF THE CORRECT POLICY FOR INTERNAL
AFFAIRS INVESTIGATIONS.
(5:11 PM)
Assistant Police Chief Overton explained that he had reviewed the City's Internal Affairs Policy
and there are some things that he did not agree with and not what he believes is a best practice.
Currently investigators are substantiating allegations and in his opinion they should just be
"finders of facts". The Department is moving to make that change. He also believes there should
be a committee made of command staff that would make recommendation whether to
substantiate and provide some disciplinary recommendation that would go to the Chief who
ultimately has the final say.
With regard to the investigation of a complaint regarding command staff or even the Chief;
industry-wide this is traditionally handled by the City Manager who can either direct Human
Resources to investigate or may reach out to the State Attorney's Office or FDLE in the case of a
99
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 9 of 10
criminal complaint.
City Attorney Jose Smith explained that his office often works with police experts in court cases
and wonders if their input should be sought on best practices for Internal Affairs investigations.
Commissioner Tobin stated that he wants the best in the business to help the Police Department
develop the best practices. Mr. Smith stated that his office will work with the Chief to come up
with the best practices and provide the Commission whatever options are appropriate.
Interim City Manager Kathie Brooks explained that recent budget discussions included some lA
items and that these will come up for further discussion in August. Commissioner Tobin stated
that he will not vote for additional brass in the Police Department, only additional officers.
Mr. Smith requested of Assistant Chief Overton to see what best practices are submitted.
ACTION: The Committee made no motion.
11. DISCUSSION REGARDING COLLINS CANAL CENTENNIAL CELEBRATION.
{3:43PM)
Interim Assistant City Manager Max Sklar explained that a group from the area has started an
effort to celebrate the centennial of the Collins Canal. They have some ideas for a full day of
festivities to include a number of venues along the canal including the Botanical Garden, the
Holocaust Memorial, the Little Stage Theater, having some festivities at the boat ramp at Sunset
Harbor with a kayak launch, have some food trucks over by the SOBE Arts area or Washington
Court and ending the day with an activity; potentially with some sort of light event (fireworks) or
music.
Commissioner Exposito stated that the action being sought is whether the City sees this as
something it wants to be involved in and to what extent. Commissioner Libbin stated that he
thinks it is great to celebrate this centennial and he reminded the committee that the City's
centennial is coming up in 2015. Plans should begin soon for that celebration. He expressed that
he is willing to support it; however, he does not believe that the City has any resources to provide.
Carolyn Klepser spoke.
Commissioner Exposito stated this is a great idea and that the City can provide Administrative
assistance however would not be able to dedicate staff for this project. Mr. Sklar suggested the
City can offer advertising in possibly MB magazine, emails, and MBTV-77.
Commissioner Exposito stated that the Commission could issue a Proclamation and asked
whether the City could provide a plaque or historical marker honoring the centennial as requested
by the group organizing the celebration. Commissioner Libbin agreed the City would provide a
Proclamation and a cake.
Chief Deputy City Attorney Raul Aguila stated there is no process for an historical marker and
Assistant City Manager Jorge Gomez agreed adding that it should go before the Historic
Preservation Board. Commissioner Libbin expressed support for getting the process started for
the historical marker.
Commissioner Exposito asked if there are any fees that can be waived for the special event
permit. Mr. Sklar explained that as a non-profit they are potentially eligible for waivers of the
application fee and/or the permit fee. The City would still require a deposit and insurance.
100
City Commission Memorandum
September 12, 2012
Report of the Neighborhoods/Community Affairs Committee of July 30, 2012
Page 10 of 10
Commissioner Libbin moved that subject to the community organization coming forth with a
proposal for a Special Event that they would promote, the Committee encourages the
Administration to waive whatever fees they can and to support it to the extent of publicity and a
cake and then work together to provide an historical marker and refer it to Historic Preservation
Board for their review and location. Commissioner Exposito seconded the motion.
Assistant City Manager Jorge Gomez added that these things do cost money and perhaps the
Planning staff will do some preliminary work, discuss that with the Historic Preservation Board
and report back to the Commission.
ACTION: The Committee (Commissioners Libbin and Exposito present) directed the
Administration to assist in promoting the event throughout the City's various communication tools.
The Committee also encouraged the Administration to waive Special Event fees consistent with
established policies and to provide a cake for the event. The design of a historical marker should
be referred to the Historic Preservation Board for their review and location.
12. QUARTERLY CRIME STATISTICS. (4:38PM)
(Item added during the meeting, not part of the original agenda)
Commissioner Tobin asked Assistant Police Chief Overton, for future reports to provide the crime
statistics crime by crime and how they compare to the same period the previous year. Assistant
Chief Overton stated that he has the information with him now. He reviewed the statistics for the
period covering January-June 2012 as compared to the same period in 2011:
• Significant reduction in petty thefts and larcenies
• Robberies are up 14% (trends are indicating these are occurring in the entertainment
district)
• Rapes are down 27%
• Homicides are up from two (2) to three (3)
• Aggravated assaults are down
• Burglaries are down almost 2%
• Larcenies are down
Assistant Chief Overton explained the process involved that would prevent statistics from being
reported artificially low. He elaborated what is being done to address the homeless criminal
problem.
Commissioner Libbin confirmed with Assistant Chief Overton that the statistics are being
measured, based on the same criteria from year to year, to be sure an accurate comparison is
being provided. Commission Libbin mentioned New York City's homeless relocation program and
asked if the City has a similar program. Staff responded that the City has had a similar program
for years and would provide him with a summary of the program.
ACTION: Commission Libbin requested a report on the payments the City has offered and made
to individuals to relocate the homeless.
THE MEETING ADJOURNED AT 7:28 PM.
KGB/MAS/SS/KT /BH/rfm
T:\AGENDA\2012\9-12-12\NCAC REPORT JULY 30-2012 (DRAFT).doc
101
w w
~
:::!:
:::!:
0
0
~ ~
C(
u. u. t-
<CN w
~~ w
1
:::t
z " en a.
I
::l~ z w J
::i~ "T c
:::!: :s z ......
0.., (!) z
'
-
.!
0 en
" -I
0 ~
J
0 ~
1
I
0
->1
0
,i
;
~
i
:::1: z
w
.!
0::
'
0 <C J.
J
I
m ~
.,
'
:::1:
' i
~ 0
""'
I
jjj
.p I
z
,;,!
I
I ..,
u
1
)..
j
<( '
....a
'. ~
LJ..J ~ !!
.,
..
'
co m
i
4
(
·i
-
'
~ ....a
i
'
....
" 4
<( ~
I
1
-
c "
,J
~ It
' I
j
_a I
1
I eD ~
S: 4 .,
r2
i
Lti
I
J
'l
~ ~
A
I
I
' '
(/
I
I
~ ::
102
~ 0 CN .--------~!'!'!!!!11....--------------------~""-" ··~· ~ MtAMiBEACH ol< ... .l""'.! PLEASE PRINT LEG/BL Y NAME ~ctn~ K.ftM'#-U ::lcAAtJ L Cov )ZA.E/V C-4/ZDE,Jo s~~ NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE July 30,2012 SIGN-IN SHEET ORGANIZATION I DEPT. EMAIL ' './1 ~-·'t' "t/_ W{.ll < C~ta"'-'fl tx"'"~ \At-......_ ....... --: ....... ..J-__ ....,J; __ --U---.J-J:-...__.,.;-....... ...J ,._I_~-., .a-. .... 11 •• .t. ... f~.-··-..J~ .... -..l -1-. :---. .:L..--....._ .... :---1 1..:-...-....: .... .-.---..-:.a."
of Miami 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochR.gov
MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Co on
From: Kathie G. Brooks, Interim City Manager
Date: September 12, 2012
Subject: REPORT OF THE CAPITAL IMPROVEMENT PROJECTS OVERSIGHT
COMMITTEE MEETING OF APRIL 9, 2012
The meeting was called to order at 5:42 p.m.
Please note: These minutes are not a full transcript of the meeting.
Full audio and visual record of this meeting available online on the City's website:
1. ATTENDANCE
See attendance sheet copy attached.
2. REVIEW AND ACCEPTANCE OF MINUTES 5:42 p.m.
Report of the Capital Improvement Oversight Committee Meeting of March 19, 2012
MOTION:
MOVED:
Acceptance of Report (Minutes) of the March 19, 2012 CIPOC Meeting.
T. Trujillo 2"d: S. Kilroy
PASSED: With Amendments -UNANIMOUS
Dwight Kraai spoke about the stormwater master plan draft. He has been meeting with City Staff
and the City Manager as he had requested that staff keep him informed of the development of the
citywide plan to address drainage. He had some comments about the technical execution of the
document and an opinion on how the city is handling procedure as this plan advances.
He noted that the draft document is over 3,000 pages long and he found it difficult to read. He
noted that COM, the consultant preparing the report, had sub-contracted a company (CSI) as a
stormwater elevation expert, and that company prepared models and provided recommendations.
Mr. Kraai said he noticed that COM did not follow the recommendation made by CSI and
therefore he has reservations about moving forward with the stormwater master plan, based on
the technical discrepancies he found.
As to procedure, Mr. Kraai asked that staff provide CIPOC with either a draft or a review on
deficiencies. He asked if staff could upload the report to the internet. He further suggested
formation of a sub-committee to review the draft of the plan.
Chair Saul Gross said that he was happy that Mr. Kraai is on the Committee, so that someone
who has an interest in the development of this plan can provide review, but felt that it was not
everyone's expertise on the Committee.
Rick Saltrick, Acting City Engineer, spoke to the Committee. He acknowledged that within the
document, which is still in draft form, there are some inconsistencies in the details about sea-level
rise. This is primarily because the city and the consultant have not yet agreed on which models to
use in the calculations. This aspect requires more study before they determine what data to apply
to the models. There are some aspects of the city infrastructure that require designs for long-term
solutions, such as seawalls, which should be designed to last 100 years. Everything, from sea-
level rise to storm probability to budgets, needs evaluation before the plan is comoleted and set
into action. Agenda Item _.,._... __
1 04 Date -...L....J,JJiL......L.:!=
CIPOC MEETING MINUTES, April 9, 2012
Page 2 of4
ACTION: City Staff to have the draft document available for those who wish to review it. (It is a
very large file and would take up too much space were it to be uploaded to the City web site.)
3. PUBLIC COMMENTS 6:00 p.m.
Jerry Goldstein, 3030 Alton Road, discussed his displeasure with the result of the curb and gutter
work that was done as part of the ARRA project in North Beach. Specifically, he pointed out that
water accumulates alongside the curb at 84 Street and Byron Avenue, after ADA upgrades were
made in the area.
Roberto Rodriguez, the project manager for the project, explained that creating the ramp for ADA
accessibility necessitated a gradual slope of the gutter. It is designed so that water does not
accumulate within the ramp, but does go to either side. He further noted that the closest drain is
over a block away, so some accumulation along the new curb would be normal. The ARRA
project in North Beach does not include any stormwater drainage components.
Maria Palacios, Public Information Specialist, also noted that this project was funded with federal
money, and the scope of the project was decided upon based on the amount of available funding.
It is possible that drainage in this particular location will be addressed in the North Shore
Neighborhood Right of Way project, but all of the engineering for that project has not yet been
completed, nor is there a schedule set for that project.
Fernando Vazquez, Director of the Office of CIP, said that he would have staff in CIP work with
Public Works to see if they could come up with a solution to this standing water issue.
ACTION: Investigate solutions to water accumulation resulting from the ARRA improvements in
the North Shore ARRA project.
4. OLD BUSINESS I REQUESTED REPORTS
Status Report: Normandy Isle Neighborhood 6:06 p.m.
Mattie Reyes, Senior Capital Project Coordinator, presented an update on the project
components. For the Marseille lighting, FPL has received their approved permit from Public
Works and the new pole and transformer are expected to be installed on April 20, 2012. The
neighborhood should see new illumination the beginning of May. The FPL testing process of the
lighting takes approximately three weeks, and sometimes more.
In preparing the bid for the design consultant, the City includes the pavers and the swale
reclamation for drainage in the same package. The timeline included in the agenda packet
remains the same, with the goal of commencing construction in February 2013 and completing
construction in June 2013.
Djscussjon: Bjscayne Pojnt Neighborhood Improvement P,qject 6:09 p.m.
The approved Commission item from the March 21, 2012 Commission meeting was included in
the agenda packet. There was no discussion.
Status Report; Sunset Islands I & U 6:1Op.m.
Maria Hernandez, Senior Capital Projects Coordinator said that work is moving along. All the
water mains and laterals have been installed on Sunset Island I. The project team is waiting for
the signed approvals from 9 homes for water meter relocation.
The project team is also installing fire hydrants. There were four requests for relocation by
property owners who did not like the placement of the hydrants in relation to their properties. This
will result in change orders from the contractor.
F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2012\July 16, 2012\AMENDED-CIPOC April 9 Meeting Minutes.docx
105
CIPOC MEETING MINUTES, April 9, 2012
Page 3 of4
Saul Gross commented that in order to avoid these extra costs in the future, before CIP begins
another project that includes hydrant installation, such as Lower North Bay Road, the City should
obtain the approvals first.
Elizabeth Camargo, who is also a Sunset Island resident, commented that most of the residents
did not have an issue with hydrants that replaced old ones in the same location. But the additional
hydrants and those that were moved as part of NFPA compliance caused some concern.
Maria Hernandez pointed out that 13 hydrants total are being installed.
Status Report: Sunset Islands l/1 & IV 6:19p.m.
Rick Saltrick explained that FPL and the other utilities are submitting binding estimates on the
due date of April 10. The design criteria engineer, C3TS, in now updating the survey and
preparing other preliminary work for the project. A ballot will be mailed at the end of April to
property owners, who have 45 days to respond.
Status Report: Lower North Bay Road 6:16p.m.
(Note: this item was taken out of agenda order-see time for this and for the Sunset Islands Ill &
IV item)
Maria Hernandez told the Committee that the project remains on hold. The project team awaits a
new stormwater model in order to determine the next plan of action. Rick Saltrick also spoke and
noted that he had a conversation on the day of the meeting with the engineer of record
(CH2MHILL) and that the engineer is addressing the review comments. Based on the
conversation, Mr. Saltrick said the engineer found the analysis to be valid, so there would not be
significant changes to the plans. The official engineering opinion would come in on April10.
Status 'Report: Venetian Islands 6:21 p.m.
Aaron Sinnes, Senior Capital Projects Coordinator, said that the revisions to the drainage plans
were submitted to Public Works. An ITB for this project might be ready in May. If that happens,
and bids are submitted, the contract could be awarded in July. If it does not go to the Commission
in July, it would have to go to the September Commission (no meeting in August) for award. The
entire process has been slowed so that construction on the islands will not begin until the County
is substantially complete on the causeway.
Eleanor Carney asked for a copy of the schedule.
ACTION ITEM: Provide a schedule for the Venetian Neighborhood Project
Status Report: Palm & Hjbjscus Is/and Undergroundjng 6:23 p.m.
This item was combined with the Commission Item. Mattie Reyes, Senior Capital Project
Coordinator, said that the City is awaiting approval of the memo for the inter-local agreement,
expected on April 11. Saul Gross clarified that the inter-local agreement states that the City will
do the work, front the money for the work through a line of credit, and the undergrounding work is
reimbursed by the County. Chair Gross also praised City Staff on the effort that they have put
forward towards this project.
In order to remain within budget, CIP has submitted a budget that no longer includes the 6% fee
for administrative services. Stacy Kilroy asked that staff bring calculations on staff costs for the
time put into this project.
ACTION: Provide calculations of the work done by CIP and other City Staff for the Overhead
Utility Lines Conversion to Underground on Palm & Hibiscus Islands.
F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2012\July 16, 2012\AMENDED-CIPOC April 9 Meeting Minutes.docx
106
CIPOC MEETING MINUTES, April 9, 2012
Page 4 of4
COMMISSION ITEMS:
Underqroundjnq of Overhead Utjljtjes on Hjbjscus Island
See discussion, above.
MOTION:
MOVED:
Recommend to the Mayor and Commission to pass the resolution.
S. Kilroy 2"d: E. Camargo
PASSED: UNANIMOUS
Installation of parkjnq Eqyjpment jn the Synset Harbor parkjnq Garage
The Committee determined that this item was not an issue that required their input.
NO VOTE.
6:34 p.m.
Discussions: 6:34p.m.
Dwight Kraai asked about stormwater improvements in Sunset Harbor. The Committee asked
about dates of implementation for the drainage improvements to come.
Eleanor Carney asked that integrity tests be performed for the pipes before any plan is
implemented.
Eleanor Carney asked about the status of the encroachment letters for the Venetian Island
Neighborhood Project. Aaron Sinnes responded that encroachment notices will be sent to
property owners after NTP1 is issued, as is the City's standard practice.
Meeting Adjourned: 6:39 p.m.
Next CIPOC meeting is scheduled for Monday, May 7, 2012 at 5:30p.m. in Commission Chambers.
However, meeting schedule may change. Official notification will be posted on the City Clerk Calendar,
http://www.miamibeachfl.gov/calendar/cmbcalendar.aspx each month.
F:\CAPI\$aii\Comm. & CIPOC\CIPOC\2012\July 16, 2012\AMENDED-CIPOC April 9 Meeting Minutes.docx
107
(9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITTEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Interim City Manager Kathie G. Brooks/~
September 12, 2012 · ·.·. · DATE:
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF July 9, 2012, July 10, 2012. July 25, 2012 and August 22,
2012 .
July 9, 2012
OLD BUSINESS
NEW BUSINESS
Interim Cil}i·:Manager Kathi~. BrooKs'presented and reviewed the status of the FY
2010/11 Ope~titJg BudgeCt.Ms. Brooks stated that the revised "working gap" with the
July 1st Certified:.[@.X Roll a~:~{j July 9, 2010 is $4.4 million. Ms. Brooks then presented
three millage see ~-~~tease of $1 million from revenue at the current millage rate,
decrease of half of . :>tireent from revenue at the current millage rate, eliminate all
additional property tax revenue, and the State defined rollback rate.
Mayor Mattie Herrera Bower asked what was driving the gap. Chairperson Deede
Weithorn stated that pension was driving the gap. Ms. Brooks then stated that there
were opportunities to address the gap which included Resort Tax, refinements to
revenue projections, and potential efficiencies which total $5.6 million, leaving $1.2
million to reduce the millage. Ms. Brooks then suggested rather than discussing
potential enhancements and efficiencies on July 11, 2012, that it be discussed on July
25, 2012 after the Commission has had the chance to discuss the union negotiations.
Discussion ensued. Ms. Brooks then asked for direction regarding ICMA Studies for
both the Police and Fire Departments and whether the Commission wanted to move
forward with the studies so that they can be placed on the July 25, 2012 agenda.
Commissioner Ed Tobin was concerned about initiating a study when the
108
Agenda Item ~~""'"=
Date-'-.:...;;_..<,......;-'-
recommendations of a previous study had not been implemented. Ms. Brooks stated
that the previous study could be used as a starting point to look at what has or has not
been implemented. Commissioner Jorge Exposito requested a list of open and unfilled
positions. Conversation ensued. The Committee asked for an update on the Condrey
Study and a list of the open and unfilled positions in the City be given at the July 25,
2012 Finance & Citywide Projects Committee meeting.
2. Overview of Right of Way Projects
ACTION
The Committee recommended that the above ground funding needs for the
following neighborhood projects be part of the ~J)lljl: prioritization discussion
and that the water and sewer and stormwater fundi,ijg needs be presented to the
Finance & Citywide Projects Committee at a late~da~ln concert with discussions
on bonding requirements and rate impacts. • < ·•·· :·<<
• Bayshore Neighborhood Central Baysbore-Bid Pa~k.A
• Bayshore Neighborhood -Lower Bay Road ....: Bicl>fack 8B
• Bayshore Neighborhood Lake -Bid Pack C .· ·
• Bayshore Neighborhood Bid 1
• Bayshore Neighborhood Sunset lstcrnuts
• Palm & Hibiscus lsi
•
•
•
•
•
uez presented the item.
:aotM1tJes SS:1~JJiiite throughout the City, certain existing
a m frequent basis which are prompting a
scope and control budget programmed under
each during construction are revealing the actual
state of Unforeseen conflicts have developed with franchise utility
installations conduits. Additionally, unanticipated work repairs to
sewer pipes co ction, added asphalt milling a resurfacing, as well
as placement of systems to address stormwater mitigation not
contemplated in the scope of work are also components which are impacting the
cost of construction. unforeseen conditions are becoming more frequent,
impacting construction already underway, and must, therefore, be addressed in order for
construction to continue uninterrupted without the incurrence of unforeseen delays and
extension of construction timelines. In addition, resident turnover and fresh visions from
the community are resulting in additional requests not originally considered in the Basis
of Design Reports (BOOR), the most significant being, traffic calming requests and
revisions to the Atlantic Greenway Network-Bike Master Plan.
Design plans developed in the past are being subject to a thorough and rigorous
reevaluation by the Engineering Division of the Public Works Department; current
regulatory requirements as well as enforcement of engineering criteria originally not
contemplated in the BOOR's are being applied in a systematic approach for all future
109
neighborhood improvement projects. In tandem, all respective budgets are being
reevaluated and projects are being priced out accordingly, prior to the CIP office
initiating the construction administration phase. Amendments to the original BOORs for
the neighborhoods are also being updated to address current residents' requests and
needs.
The following neighborhood projects require additional funding during Fiscal Year
2012/13: Bayshore Neighborhood Central Bayshore -Bid Pack A, Bayshore
Neighborhood -Lower North Bay Road -Bid Pack 8B, Bayshore Neighborhood Lake
Pancoast -Bid Pack C, Bayshore Neighborhood Bid Pack E -Sunset Islands 1 & 2,
Bayshore Neighborhood Sunset Islands 3 & 4 -Bid Pack D, Palm & Hibiscus Islands
Enhancements, Venetian Neighborhood -Venetian Islands, La Gorce Neighborhood
Improvements, Flamingo Neighborhood -Bid Pack 1 OA, Flamingo Neighborhood -Bid
Pack 1 OC, West Avenue/Bay Road Improvements, and Sunset Harbor Neighborhood
Pump Station Upgrades. The total capital improvements fUnding requests for fiscal year
2012/13 are: $7,441 ,645 for additional above ground~ $9J342,226 additional water and
sewer, and $13,177,564 for additional stormwater funding. Chairperson Deede
Weithorn asked Interim City Manager Kathie arcioJ<s to explairfwhere the funding comes
from. Ms. Brooks stated that the above grouhd funding woula rome from Pay-as-you-
go, General Obligation Bonds and/or Capjt~Jileserve funds. Conv~biS\ition ensued. The
Committee recommended that the abovif ,(Jund funding n · · . the previously
mentioned neighborhood projects be part of :··~:Qapitat.:PP9ritization d ~~ion and that
the water and sewer and stormwater funding••ij)e~:?J;ii•·presented to 'ill~; .. Finance &
Citywide Projects Committee a£~~:~~~~~~er date in 'c'Q:n~Tt with discussions•·•cm bonding
requirements and rate impacts. ~:~,~~;~:·~~~~~;~;·' ....... ··~:~~~~\~ ...
.. ,.... ,',',,:,·,<, ,,,,, •~v:':,':::' "<·:<•Y·>> ~<::t~<:~::~>,
3. Amendmen.t·;~:J~~.t;iayshor~~,,ighbot'tl~O.ci,J3asi$•~t;Design Report
<~~~:;.::'->>>: >· " ''<",:;;~;~·{:>'. <<:::>~ ">:~:~·~:<::>¥ '.,; v ,',',' >:_::~,~-~:: .. ::<~---. ' .. -'.' -~::,:·~~~::::;,:. :. __ ' -. . ··, ·. ·. ·, ,'\ ---"--.~' . . ._, ··::,.::i:.::~-~--· ~<<<<:>',' -·-.. --;:<:>:f::::.<:~\:---'.·.·.·.-
<::;>-:<·. ~~\ -..-,-'_'\'.", ~-~-ACTION
',<:~~::>', ',.· ' ~>>>'->'
The Committee ref~d th .. U$sion ~~:WJdening the streets for bike lanes to
the Ne . ntmrnood/Cofflm · ··· .con11TUttee • .. JI .............. ..; .. ··.· .. ·............. ·.·.. . .... ,;.'·····"·· ........... , CaB~t~f:i~~~~~=~~rit·~~~jec~;:Qfr:~cto~;:~i\~a~:·~azquez presented the item.
' ~::~~:~::>,' ~ •:::~;:~:~:-:.>, ' ::::>~~~:vv',
On Ma~~:;~:~, 2001, th~Elt§iO' ot'~(:~lJli Beach adopted Resolution No. 2001-24387,
approvin~t~~q authorizing~~~f' execiutlan of an agreement with CH2M Hill, Inc. (CH2M
Hill) for profe$\ipnal servi~{:for the Right-of-Way (ROW) Infrastructure Improvements
Program for rhoodi~~. 8 -Bayshore and Sunset Islands project pursuant to
Request for Qu ~:~t;=a) No. 134-99/00. The agreement for planning, design,
and construction aa{fil(ll~1ftit1on services for the collective Bayshore Neighborhoods
which was originally ot)~<project and was subsequently separated into five individual
projects via amendments to the original agreement. These five projects included Central
Bayshore Neighborhood 8A (Package 8A), Lower North Bay Road Neighborhood 8B
(Package 8B), Lake Pancoast Neighborhood 8C (Package 8C), and the Sunset Islands
(Packages 80 and BE).
On April 9, 2003, the City Commission approved the Basis of Design Report (BOOR),
completed and submitted by CH2M Hill for the Neighborhood No. 8 Bayshore /Sunset
Islands Project. The Bayshore Neighborhood No. 8 ROW Project was one of thirteen
neighborhood improvement projects included in a program developed by the City of
Miami Beach to improve the quality of life for its residents. The program included
citywide water, wastewater and stormwater improvements; as well as a variety of
streetscape enhancement projects. The two projects being addressed are Central
110
Bayshore Neighborhood No. 8 (Bid Package A) and Lake Pancoast Neighborhood No. 8
(Bid Package C). The other neighborhoods have received additional unplanned
improvements for water and stormwater improvements and milling and resurfacing
based on technical needs. In early 2010, following completion of design and permitting
services for the Central Bayshore project area, the home owners association (HOA)
requested that the City consider changing the width of some streets in the project area
as well as some aspects of the completed design. The approved HOA requested items
are as follows: narrow Sheridan Avenue from 30th Street to 40th Street and provide for a
bike route and bus bays; narrow North Meridian Avenue from Dade Boulevard to 28th
Street and eliminate the proposed bike lanes and replace with a bike path within the
ROW adjacent to the golf course; remove Prairie Avenue from 28th Street to Dade
Boulevard from the Central Bayshore scope of work; removal of the bike lanes along
Prairie Avenue and an alternate bike facility be placed onRoyal Palm Avenue; maintain
28th Street from Sheridan to Prairie Avenues at 24 feefin:width with the additions of
sharrows in lieu of bike lanes; narrow 34th Street from CttaSe Avenue to Pine Tree Drive
to 22 feet with sharrows; Fairgreen Drive to remairi \Vifflio its existing width of 16 feet;
eliminate all proposed mid-block stamped asphalt decoratiVe treatments and replace
with concrete paver treatments; with the exception of 40th Street, eliminate all proposed
stamped asphalt decorative crosswalks atjnt~r5ections and nspla.ce with concrete paver
treatments; eliminate the proposed Royai::PElfm species on the soo.thc.~ide of 40th Street
and replace with Mahogany species. Titi;:;i~QA requested items a~' pot expected to
require a significant increase in construction·t:®~1 bas~~:;~pon prelimin~ey;.~stlmates. A
detailed estimate of the probabl•<'~st will be ~~:i:t;l.i~~~.:;bY the consultant:::~nce revised
construction documents are compli~~,,. ·;~':::~:~~:~:·~:. ·
-;:~~~~~~::::~~:~~~::::~:\, '~s~~~;~:>
The Central Bayshore Neighborhoii~~~ ctlift~'Q!.~~ormwate~:)Ranagement system consists
primarily of outfalls served by swale~~~irlets;:>ijt9rm .. drains~·~i)}~ culverts which currently
do not meet the ~·~Y,~t::~~yel of seooya. ng ··Q"~ign is based upon the
recommendation~::~f!it>tn'Ef:•~y~s 1997 ·~6t9 . , J PTan and the subsequent
Bayshore Neign~ffiood BOE!)~: The G~1§::;::S;torwatef:::m~ster plan consultant, CDM
Smith, undertook an::~.#ensivei~tormwater'~n~lysis of the Bayshore Neighborhood. The
current analysis make~j~l:n~e . ·· · Draft Stormwater Master Plan, which is
more than•:lih~·~pt'Erf . . .. i:mwater Master Plan. The Stormwater
Ma~t: • f!ijtij®lged tn~~~:e.ump Stall~n•.Np>•2>1ocated between Pine Tree Drive and
FhliW!~fgo Drive cdii!~§.~~ rept·~ with a·<s~$tem bas~d on gravity wells an~ upsized
outfaii.~,~~:Pump Statlon·~NR 2 co~t~.}hen be relocated 1n a more needed locat1on to the
area of•2:S.!' Street and'~air:greert~Gnve and be used to provide additional stormwater
infrastrudi:tt~·.Within Zone 4;;~pd the N6fth Meridian collection system.
'<'·>'~'~-', ·:~:~::~:~~ '<,,:::::::;, vv
Staff looked fdr::~i(~ction od;~hether or not to proceed with the revision to the plans for
the requested iri'lRf;~"'em~~t'@:~~Which are outside of the current BOOR for the Central
Bayshore neighboifi8bl;j~:':::}:~:£:hairperson Deede Weithorn was concerned about the
removal of dedlcated:::eii~ lanes. Discussion ensued. The Committee referred the
discussion of widening the streets for bike lanes to the Neighborhood/Community Affairs
Committee.
4. Discussion of Normandy Shores Park Tot-Lot/Playground Project
Conversion to Fitness Circuit/Passive Open Space Park Project
ACTION
The Committee recommended moving forward with the changes requested by the
Normandy Shores HOA.
Parks and Recreation Director Kevin Smith presented the item.
111
The Normandy Shores Park is located adjacent to the Tennis Courts, and across from
the Normandy Shores Golf Course and Clubhouse. The Park currently includes a small
building with restrooms, and a playground area. The approved FY 2009/10 Capital
Budget included funding in the amount of $135,500 to replace the existing playground
that was beyond repair at the Normandy Shores Park. The project includes the
complete replacement of the playground, safety surface, new fencing and furniture,
fixtures & equipment. As that project was in development, Parks & Recreation staff
worked internally to develop a potential second phase of the park's revitalization. The
concept being developed would include a new recreation building/activity
pavilion/restroom with storage space, similar to the one built in Fairway Park, and a
water access/fishing dock. In January 2012 Parks & Recreation staff met with
Commissioner Jorge Exposito and Normandy Shores HQA New Projects Committee
Chair Mark Wojak to discuss the community's interest and:suggestions for that area. At
that time, staff shared the second phase concept under development with Mr. Wojak,
who agreed to take the concept to the Normandy ShoreS:~HOA board for their comments,
as well as further input on options for the park. On Febfuary 14, 2012, Mr. Wojak sent
correspondence to the City stating that the res.idents on NOrrilandy Shores would prefer
a more open green space park, which wo\:lld include the df:fmolition of the existing
storage building/restroom that is in vefY<:•~or condition; a Vita :,CQ!.JrSe/fitness circuit
similar to the one installed in Lummus Pi~\~:•:f>ark furnis,hings such~~~§:'cbenches, trash
receptacles, etc.; and new fencing, sod and·;~s. .. · on previotl~~:tn~tallations of
similar fitness circuits, passive R~~ components·:~~:~) ches, irrigali'q~:; sod, trees
and fencing, the Parks and Redf!~Y2f!.Adminlstratf~.~r~lieves this allocation, $135,500,
will be sufficient to accomplish tn~~~~\ij~~~program a~iit~guested by the residents. The
Committee recommended moving f~{\vara:~tl'j.the chaflg~~requested by the HOA.
V,',',', ,·.·.·,'<·> <<:~;::.~_;:-..._
<::>.;>, '''<.<<;:> .. , ~;~~~:~>~
5. Discussi~.~~~;~~ttit)g.establi~~-~~ n~aw·.jij~§~Jigg.~i~~
ACTION
·-..:<i~:J::r>:-
·.·:··:·:~:.·>.
··>:~:;::>.
',',•,',,
;::>'~, :<
-.._,.;, ~·
>>:>:;:c;.• ••
The q9IJim~Jt~:.recofflMtnjij'~::ftj~~ing fotW,rd with a pilot program on Lincoln
Ro.~:·.~itJ{>tfti~~~?~~~a..Ctsl@•t::.~cyclirtf::f~i~ ·p~nding approval from the Historic
P~i,rvation Board~?··., ~:s~~:~ ,, · ·:<:;;~::;••·
',:<::::::~:~>, ·,<:::~{~>~ <~~~;::~~'
Public:'0:9!ts Director F~ij:·f3eck~~n~J;presented the item.
~<~:::~:~: '>''' ,',', ,'<:::i::::
At the May··1:t~::g912, Finan~::and Citywide Projects Committee meeting, the Committee
reviewed the ~ti~.lid Circl~::~~f3ight-of-Way (ROW) recycling bin demonstration. The
Committee recomfil~ndeq,.~:it, during the FY 2012/13 budget discussion, staff determine
the number and loca~~u~:~:(jj>recycling bins that are needed in the ROW, and present a
cost comparison for tl1~:i%1Urrent City silver bin, the Coca-Cola recycling bin, and/or the
Big Belly recycling bin.
Staff developed three potential deployment options: Lincoln Road, Entertainment
Districts (including Lincoln Road), and Citywide replacement. The cost per bin is
approximately $1,200 for the current silver recycling bins, $800 for the bin designed by
Coca-Cola, and $2,800 for the Big Belly standalone recycling bin. Coca-Cola has
committed to provide 19 bins to be installed along Lincoln Road, at no cost to the City.
In addition, Coca-Cola will be provided improved signage for the 63 existing silver
recycling bins. Under the three deployment options, the Coca-Cola recycling bins are
the most cost efficient. Staff recommended that the ROW Recycling Bin Program be
phased in, first with the Lincoln Road Coca-Cola Recycling Bin Pilot Program. If the new
bins are successful, the City will purchase an additional 83 to deploy throughout the
112
entertainment districts. The existing 52 silver bins currently located in these districts can
be repositioned along identified high pedestrian areas.
Mayor Mattie Herrera Bower asked how effective the recycling bins were. Sanitation
Division Director Alberto Zamora stated that the Coca-Cola bin was the most successful
prototype, having the least amount of cross contamination and the highest rate of
recyclables present. Chairperson Deede Weithorn asked if there was any difference in
cost for the level of service required for the bins. Mr. Zamora stated that the cost would
be the same and that the only bins that will be serviced by City Employees are the
recycling bins on Lincoln Road and Ocean Drive, the balance of the bins will be serviced
by the franchise waste haulers as an in-kind service. The Committee recommended
moving forward with a pilot program on Lincoln Road with the Coca-Cola recycling bins
pending approval from the Historic Preservation Board.
6. The Wolfsonian -FlU Washington Avenuelnitlative
ACTION
The Committee recommended that the~,~~ brought to thtfJ~fY 25, 2012 Budget
meeting and classified it as a Potential Eijh~ncement as part ohl~~r9ader initiative
related to Washington Avenue improvemen-t:. . .• ;::;., '<:.::;:::::::.
Cathy Left, Director of The Wolfi~fiJ~n-:-FlU, pre~~hl~;fhe item.
<:~~;~~;~~~~::~~~:~~~'~>>. \~:~~~~:~~',
The Wolfsonian -Florida lntematt~~~IUiii~~r:~jty was ·~~J>jng support from the City of
Miami Beach in the amount of $150;iO!lP to Ul1:t\~tt~ke a M~er Plan of its Miami Beach
Properties. The inve~~f:!1::0f City funij",woul · e an(fiU,\'llock $10 million that has
been approved f~'ri:;:~~~':W~l~onian t · .. · ..... ad~ County Building Better
Neighborhoods ··~'tilijd lssueJ~@::These ' . }~'~re to <b$:•?used for museum capital
improvements t . ''h ld pot~tially mor~:;:lthan double the amount of square feet
dedicated to the ex .· ia¥\:~·~QIIection at its 1001 Washington Avenue
site. Tb~::Wott~Qnian mu$~ :ff1ij::.(;gunt)l::Qt•:how it intends to utilize the $1 o million;
it mu:ft [(f(\)filttj>~lcl:l builelio~ and fdr:~\\ib.~t plablic purpose the funds will be utilized.
The::Wolfsonian wouta:.Jeta!H~:lhe service$>;:•o¥>an architect and other related museum
con~ttlf~f:lts to create:~.'jC?ng...terijii:pl.an for its Miami Beach real estate, which includes
1001 W'$1:lington Averili~i:::102S:l~9 Washington Avenue, 1500 Lenox Avenue, and
1538 Lert~~:·~venue. whili~~he Coui'lty Bond funds allow up to 10% for soft costs, it is
anticipated':t~~tthose fun(i~:~will be used to retain the services of the consultants
required to ex~ute the w:i$~-k articulated through the Master Plan. The Committee
recommended fti~~;tl:le i •:<·::>> brought to the July 25, 2012 Budget meeting and
classified it as a · . >Enhancement as part of a broader initiative related to
Washington Avenue impr~vements.
7. Discussion: Other Public Requests
ACTION
The Committee asked that Staff look at options for Altos Del Mar Park, that a place
holder be put in City Center Funding for the Collins Canal/Beautification of Dade
Boulevard, and that a detailed report of the steps that needed to be taken, how
long each process takes and an explanation of why the process takes so long, be
given to Commissioner Ed Tobin.
113
Resident Daniel Veitia asked that staff look at options for Altos Del Mark Park since the
Sculpture Park is not moving forward. Other requests included concern about funding to
complete the Collins Canal/Beautification of Dade Boulevard. Assistant City Engineer
Richard Saltrick stated that Dade Boulevard is a county road, whereby Miami-Dade
County has jurisdiction on all traffic engineering; therefore before the county approves a
design, the City needs to request approval from Publix to eliminate the left turn in order
to shift the curb further north, it has to speak with the Department of Transportation
about the increase in left turns off of Dade Boulevard, and go through the Design
Exception Process in order to eliminate the 4 foot median that is required on 4 lane
county roads. Chairperson Deede Weithorn asked how long the process would take.
Mr. Saltrick stated that the Design Exception process is the longest and would take
approximately 6 months. Interim City Manager Kathie Brqoks suggested that a place
holder be put in the City Center funding for the Collios.Canai/Beautification of Dade
Boulevard. Commissioner Ed Tobin asked that ~.:d~alled report of the steps that
needed to be taken, how long each process tat<~~:~an<t an explanation of why the
process takes so long, be given to him. The Contn1Ht(7e asl<ed that Staff look at options
for Altos Del Mar Park, that a place holder ~ put in City Cerlter Funding for the Collins
Canal/Beautification of Dade Boulevard, ~nd that a detailed:tePQrt of the steps that
needed to be taken, how long each P(9~SS takes and an expi~patlon of why the
process takes so long, be given to Commis'Si~R~~ Ed Tobi.~. ::;~:}::·•:
:<:::::::::~,> ',:;~>>>
8. Discussion: FY 2012/13~gi'pJ~I Projec~i~~~~zation >;::;::
A C Tl 0 N ·~~~~c~·::·~·:.::;·:;;:.~>::.. ····~~~~~•:::\5~~·.
>~~:~~:--'<<<;>>>>~', "' v''' ' ' ,,~:~:::::~>~
The Committee te . ,approv~tt~~;, ·>·:::~::;::::<:: ··~r:~:~·
• the add~(t.~-l'fu .·, requesftt~Jor~Witlil~~PJ~JectS
• future unf~)iided pro)~ in adop!~i~lP requ~~tia for FY 2012/13
• funding Cr~Q~ Par~::{rield Rerti~~tion, Fisher Park Irrigation System
Res1oration, 'FI,i.. t~~r:~ Madva~::::System, Stillwater Park Sports Field
· · · · & t · ;··~~n~:J:!turl'f]~ark to Construct 2 Outdoor Sand
. :/•i:~o•· ··1·14 rts '•·>>: ·.·.·" ·•·••>" · · .· ... 'Y v ,'.','<~<<··,~
·~::·~funding ttle<2Seach :lt~~~ss Gate~;~•Aiton Road Irrigation System from 5th
<:;;:~~treat to MicHlg~g Aviin·Ytt and Collins Avenue 5th Street to Lincoln Road
p~jJ;lcls for FY20~jg{13 '':>~i:> ~,->,'->~', <,y,?~:: <:;~~;:\ '<;;;;:;:;, .yN,'
:,:~:i:;i::., ,':$~:~~~~
The Committ~:tAAU&s
• staff proVi~J. a.,,,,
Corridor Phiit:n::::';;>
ine for the completion of the Middle Beach Rec
• that funding 'fi)r>furniture, fixtures, and equipment be included in the
funding when buildings are planned
• the funding source for the North Beach Town Center Complete Streets be
changed from North Beach Quality of Life (QOL) to either Pay-as-you-go or
CDT/RT
• the funding source for South Pointe Pier be changed from South Beach
QOL to South Pointe Capital
• the Muss Park Kayak Launch be designated as residential use only and be
separated from other areas used by children
• a report detailing how seawalls are prioritized/programmed
• that Staff find alternatives to artificial turf
114
• funding a Pay-as-you-go component from the General Fund Operating
budget
The Committee asked that status updates regarding the Middle Beach Rec
Corridor Phase II be given at future Finance & Citywide Projects Committee
meetings.
The Committee also recommended bringing a list of projects that have requested
funding from Pay-as-you-go for FY2012/13 to the upcoming Committee Meeting.
Review of project funding from other sources was deferred to July 10, 2012.
Interim City Manager Kathie Brooks presented.
Ms. Brooks went over the potential funding sources and their balances as of October 1,
2011. The sources include Pay-As-You-Go Capltat(PG), (Juality of Life (QOL), Capital
Reserve (CR), and Miami-Dade County lnterlocal Funds bQmmitted to CDT/RT Capital
P~ects. ··
' . . .
. . ·.· " '::· ·. > ....
Mayor Mattie Herrera Bower asked how PJ91~ts were prioritized. ·~i}>f3rooks stated that
the projects currently being discussed S'r~:~~~isting pr~jects whicn:;:l[,Quire additional
funding. Chairperson Deede Weithorn ask· · a ti~ltne for the Mlij~l~ Beach Rec
Corridor Phase II to be com and ask .)~\;;lt:~~ tracked at thi:i::~flnance and
Citywid~ Proje~ts Committee . """ .~·~>·. C~airp~~i~~Sithom ~hen asked ·t~a~ funding
for furniture, fixtures, and equl~'nt'~'~)ncluded tQ:§}ll~ fund1ng when bu1ld1ngs are
planned •\::::;, ··~::::::.::•• "G.:•:·:~.
. ~::~~~~:\: ',',\::;:::~~::~ ~~~§:~<· .
. "' ._, ·. <:>::\, "~.·~~::~;::·:::;sv". ~:::~:::~::\-..,
Com~issioner Ed ••• ]~.~i:!J·::~.~~ed if th~r~:~F:avili2:~.:··.f~:··;~Ws~ P,~fk was goi~g to be air
cond1t1oned. Ms~ :~tooks· st~t~.d that fuf:l~J!:Jg ~~$'not··~ll~ble when the 1tem was last
discussed. The':~9{nmittee '~pproved fl1b~iqg>a project•:•fO'r air conditioning the Muss
Park pavilion. Tha:~~pmmitte.~:::also requij.st:ijd that the Muss Park Kayak Launch be
designated as residetllt~l:.;LJs~,QrnY::~rkd be ~P~r{lted from other areas used by children .
. > ·;:~:··.:;·.:~2·.:::;:;>... ·~···.;:~·::•:::;:·:.:::?>•<·;~ <~i:::~... . < :;:·.~::;
Chai n 'Wai\t:l'Qrn wa~~~~:mcemeC~~::WHtt. having parks projects waiting for future
f ·' The .. · · · · · .. · ·· ·:.mended 'fblltling Crespi Park Field Renovation, Fisher
Park>~;Ungation Sys ····.····. toralJ~f:!1 Flamingo Park Madvac System, Stillwater Park
Sports~:~~~~ Landscape~~~Jrrigatfa~t· and Tatum Park to Construct 2 Outdoor Sand
Volleybalt:wurts. ·~~~:i~:: ... ,, .... ,
Mayor Bow:;::~~g~d for a re~~~ on how seawalls are prioritized/programmed.
~~~>~>'" ,;:':~;::: '::
"'~!_~::;~~'. -.' .{<;~:~:::~:,·
Commissioner Jorge'lij},(.~ito was concerned that artificial turf was going to be used on
fields because artificlal:::~:turf generates more heat than asphalt. The Committee
recommended that Staff find alternatives to artificial turf.
The Committee recommended funding a Pay-as-you-go component from the General
Fund Operating budget. The Committee also recommended bringing a list of projects
that have requested funding from Pay-as-you-go for FY2012/13 to the July 18, 2012
Commission Meeting. Resident requested the Committee recommend keeping the
millage flat and using the funds to improve the quality of life for residents.
The Committee tentatively approved:
• the additional funding requested for existing projects
• future unfunded projects in adopted CIP requested for FY 2012/13
115
• funding a project for air conditioning the Muss Park pavilion
• funding Crespi Park Field Renovation, Fisher Park Irrigation System Restoration,
Flamingo Park Madvac System, Stillwater Park Sports Field Landscape &
Irrigation, and Tatum Park to Construct 2 Outdoor Sand Volleyball courts
• funding the Beach Access Gates, Alton Road Irrigation System from 5th Street to
Michigan Avenue, and Collins Avenue 5th Street to Lincoln Road projects for
FY2012/13
The Committee requested:
• Staff provide a timeline for the completion of the Middle Beach Rec Corridor
Phase II
• that funding for furniture, fixtures, and equipment bEi i[lcluded in the funding when
buildings are planned : ,
• the funding source for the North Beach T9wn: Center Complete Streets be
changed from North Beach Quality of Ute,:(QOL)Jo either Pay-as-you-go or CDT/RT , .. .. ,
• the funding source for South PointePi~rbe changedfr~m South Beach QOL to
South Pointe Capital .•.·.• · · : .• ,
• the Muss Park Kayak Launch be o·~gnated as residential tis~ cmly
• a report detailing how seawalls are pt:!Qijtiz:ed/progr;~mmed ···::;:~:~ ••
• that Staff find alternatives ~o artificial tulfi~. :. ••. ,<•:•:l·::}•• · ··:~ ••••
• funding a Pay-as-you-gct;:'Q9mP;onent from tfi~'G~heral Fund Operating budget
The Committee asked that sta~2~·~~~&~l~§.;:J~ardi~~~:t}J~. Middle Beach Rec Corridor
Phase II be given at future Finance ·~::~jtyWld~f;~!~Jects C6m:mittee meetings.
,~,~ ... '-..',~ ,~,--~~'..'' -,.~~
The Committee ~.~~~[)·jf~~i1tmended•:;{;;,~ . ··> .pr~j~~ts that have requested
funding from Pat~~~i:you-gof~~:fY20121 . , >upcom .··~Committee Meeting.
~~:~;~~(~f~:>" ::~~:~~l~~ >:~~~~~~~~> ~ . ', ->
Review of project fun~m~ frorr,;(mP.~r source~:~~s deferred to July 1 o, 2012 .
. . • :< : •• • •:<:s··: .. ~:~~~1m~~t~.{~~~l:~:l~~~~~~~~~~~~~::~>, '\~?~~:~> <;~:;f~~>;~:::::~:~:}:;::::~:::~>~'~ y' ~<::<<->~ ... :-:.. . ., ., ' ,. v, '' ~\~Kt~~:Propo~~d·~~pi,~l ,~~~J.fial a~~::~~~~~~~~~ent Projects
~-,·:~::; .. ,:'-..·', ,'<;~ ·:::::~:> '"~~~~::~:< "·,'' ACTio!.~ ... ': > ·::i::::;•;: . u ·.·. ·' ':::':'<> '''',,~
"~<::;.':~::->, :::~:~~~~~" '<:::::~:~:>
Item Defert(t:qto July 10, 2Q'2
'"~< >>>. '·~::>:>:
<: ,,: :::; ~;:~:::. ", :::,;~ ~:< :,
'<<:-<< >:::" "< ,,>>>
ACTION
Item Deferred to July 10, 2012
July 10, 2012
OLD BUSINESS
116
8. Discussion: FY 2012/13 Capital Projects Prioritization
ACTION
The Committee:
• requested the Bass Museum Phase II Expansion project name be changed
to Bass Museum Phase II Expansion -Interior Exhibit Space and that the
item be discussed further at the July 25, 2012 Finance & Citywide Projects
Committee Meeting
• recommended that the funding for Euclid Avenue Improvements at Lincoln
Road be put in as a placeholder, that community outreach be conducted for
the item and refer the item to the Land Use & Development Committee
• referred the discussion of the width of sidewalk cafe and the encroachment
of them into the pedestrian walkway to ~e Neighborhood/Community
Affairs Committee .. :·· : ~.:
• requested the name of CC-Misc. Projects l$'cllaf1ged to Contingency Items
and provide a reconciliation of what was:1!Jptmtirrtiscal year 2011/12
• asked that the drawings for the $(Jnace Lot 22X: N Shore Youth Center
project be provided and that the s~f:Jace lot projectS b.: brought back to the
July 25, 2012 Finance & Citywid~;i~!~Jects Committee ~!it:lg
• asked that Law Enforcement Trui~·~~und be .t~cluded n&XJ;~year when the
Capital Budget is being discussed <::;:~=::=~\:,, .::=::::m~:::) '':•:=~~::=\.
• asked that the M.i~mt Beach · tr@ · >liftation lmpro\fement and
Implementation Plan iri~lQ!'.!:.f~lling inte~· · · ns as part of the scope
Interim City. Mam:~~~{:·R~tii~:;:~· Brook§t:~nti wt!n:::~ne and presented the ~ity
Center ProJectS,QU~J::ne Com~mee ... .. ..•.. . Bass:~:M~seum Phase II Expans1on
project name be !Sf:iJnged to 8,~ Museu~:;~nase II Expansion -Interior Exhibit Space
and that the item b(fiefi~~usse~:lurther at tfiij~:~uly 25, 2012 Finance & Citywide Projects
Commlt;t~~M!?~ting. · ·· ·' . ::=~=:·=>;:.::::>:: ::?:.:
.:>:::;: >> .:: :::::::.. ·::;;:;:;::: . ··::;:::::>.· :>::.
Cl}~~9rson Deeij~.~~ithomt~~~.ed if c'dmf:ti~P:JtY ~utreach h~d been .done for the Euclid
Aveo\:l'!? lmprovemen~:=:~t the:::~~gcoln Roati>proJect. Ass1stant C1ty Manager Jorge
Gome~iii~tated that som.~: pret!Mll)~ty outreach had been done and suggested that
funding=:~;J;iut in as ..... · def:~bg that Staff reach out to the neighborhood. The
Committee\~~mme he fun'Oing for Euclid Avenue Improvements at Lincoln
Road be put a pia r and referred the item to the Land Use & Development
Committee. J~s1one . e Exposito asked that the issue of the width of sidewalk
cafe and the en~f ' ')ii,f of them into the pedestrian walkway be readdressed.
Discussion ensued. ...... , mittee referred the discussion of the width of sidewalk cafe
and the encroachment of them into the pedestrian walkway to the
Neighborhood/Community Affairs Committee.
The Committee tentatively approved the proposed Anchor Garage/Shops projects.
Commissioner Ed Tobin asked if there was interest in police monitored cameras located
in tourist areas. Police Chief Ray Martinez stated that an item regarding surveillance
cameras has been place on the Neighborhood/Community Affairs Committee July
agenda. Ms. Brooks suggested that the funding for the pilot program come from the Law
Enforcement Trust Fund.
The Committee asked that the name of CC-Misc. Projects be changed to Contingency
Items and provide a reconciliation of what was spent in fiscal year 2011/12. Chairperson
Weithorn asked if the projects listed in fiscal year 2013/14-fiscal year 2016/17 should
117
be moved to the future column since the City may decide not to do them based on what
happens with the development of the Convention Center District. Ms. Brooks stated that
her concern with moving all the items to the future column is trying to distinguish those
things that need be done versus the things that are truly future projects.
Chairperson Weithorn asked for details of the Surface Lot 22X N Shore Youth Center
project. Parking Director Saul Frances stated that drainage and lighting were included in
the cost. Chairperson Weithorn then asked to see the drawings for the project. The
Committee asked that the surface lot projects be brought back to the July 25, 2012
Finance & Citywide Projects Committee meeting.
The Committee asked that Law Enforcement Trust Fund be included next year when the
Capital Budget is being discussed.
Chairperson Weithorn asked what the scope of wof!< was for the Miami Beach
Transportation Improvement and Implementation Plarf:L •·· Public Works Director Fred
Beckmann stated that it is a study to determine :the transportation needs for the City.
Commissioner Tobin asked that the study lnclu(fe solutions fodailing intersections.
9. Proposed Capital Renewal and ltijp)~~ement Projects
~~>>~, '', ,, ~,,'
ACTION .. : ·::··:~ ; .• :: ..•. ::•.·:: ~~··m:[: :~.
The Committee asked that a li'f ·~~t;:~nfunded'i\'m~ be provided, a photograph
of the fire station 2 reroof pr ''" t>i~;•t,ll('fl and p~nted at the July 25, 2012
Finance & Citywide Projects Coij\~J~fttee~:l'P:.ting, i"Jl~·,1hat the age of the air
conditioning unl~)~~:~':::.~nchor ~~rage t~J~!;%~~ •. prog~~Jlmed for renewal and
replacement be P.r'AY:.1;:,it.t;< .• :;;.... <:>:\. <<<:•::··· ...... · , . ,·~ u ·, .·,.·.· · .. ' '. v :::,:::::~·" ·-:::::::~~:~:t::~~:.:.~:,\. __ ''(,:~~}> ':~~~:~: <,~:·~:: ,·~·>·' -·.,.·.-.<:·,.-.-
·.-,-~-~"v ·::::>~ '\:::::;·::::::::'•' ··~::>'
Interim City Manag'ijM}~thie B~~'9ks prese!it~}he item.
To ens~rt:KtlaatJenewal·~arid%·~~~)~~ment ':~~i;~~eneral Fund assets are funded and
addr~~ij~a···Wfi~ft:·•u~edet;tf'i~'· FY 2'cla410.5t •• ttit!:>clty of Miami Beach established a
detl~~d millage·ror.l·~.newaU~od replackjfh~ht funding to be used for capital projects
that•ij~end the usefuKltf~ of tfiel:>~ity's General Fund assets to be used exclusively to
providei>:~f renewal af'i~:;::r:~plac&fQ~,f;lt of capital items related to our facilities and
infrastructureL over and almve routiti'e maintenance. At the same time, the City
establishea<a;::~ystematlc aP,proach to identify renewal and replacement needs. City
facilities are inij~pted at ~~~$} once every five years to determine current renewal and
replacement need~~:~~ w~t~~~~,: projected replacement dates for all of the major Building
components. A Fa "tion Index Rating (FCI) is assigned to each facility based
on the total value of eX,i: ihg requirements divided by the current replacement value of
the building.
The current dedicated millage of 0.1083 mills (as of FY 2011/12) is projected to generate
$1 ,859,000 for the General Fund Capital Renewal and Replacement Fund based on the
July 1 values. In addition, based on the ongoing review of projects funded in prior years,
approximately $600,000 is available as Renewal & Replacement Fund Balance as of
09/30/11 for General Fund renewal and replacement projects, resulting in a total of
$2,459,000 available for funding FY 2012/13 General Fund renewal and replacement
projects. It was also noted that approximately $4 million in additional projects have been
identified that could be upgraded, if additional funding were available. Based on the
review of funding needs over the next 5 years, Administration has identified an additional
approximately $11.4 million in General Fund major facility components that may need to
118
be replaced. Together with the $4 million not recommended for funding in FY 2012/13,
this results in approximately $15.4 million to be addressed between FY 2013/14 and FY
2016/17, an average of $3.8 million per year. However, each year the list of projects are
re-reviewed before finalizing for that year's proposed budget, and projects are often
removed because either they may have been addressed through other capital
improvement projects, or despite the useful life indications, the maintenance costs may
not warrant replacement. Chairperson Deede Weithorn asked that a list of the items not
being funded be provided.
Ms. Brooks then stated that with the exception of Parking, funding needs in the
Enterprise Funds are projected to be less than $100,000 per year, including funding for
FY 2012/13. Proposed Parking renewal and replacement projects for FY 2012/13 total
$566,905. Fleet Management FY 2012/12 renewal ar:n:i replacement projects total
$82,804. The City Center RDA FY 2012/13 renewal,@~tFreplacement projects total
$219,373, with an additional $485,488 for Miami Ci~y,,Ballet. The Anchor Shops and
Parking Garage Fund, which are separate because::if's not part of the Tax Increment
funding of the RDA, has FY 2012/13 renewal and replacern~nt needs totaling $539,660.
Commissioner Jorge Exposito asked if the Fir~'station 2 reroofprpject was for the new
building. Ms. Brooks stated that it is ~f« the historic building•prt Dade Boulevard.
Chairperson Weithorn asked that a photog,~ph of the fire station••:2::;r~roof project be
taken and presented at the July 25, 2012i~iQance ,~'::~itywide Prdjije;lts Committee
meeting. The Committee askegdo,r the age of\t),l~.~Jt::~hditioning unit$•;i~;~:the Anchor
Garage that are programmed fcif;:;t~o~wal and replGi~tTiant be provided. ,
~ z~~~:i:~~:~:~~<•::\;~:~~.,, .. ,,, '<~., •• ~~~;: •• ,
10. Proposed Information and'e:OPlmunra'WQns Teetll\Qiogy Fund Projects <·~'1~~::::~>::t•:::::: •. ,, '~:~.:':: ' )~·l:1•ii·:·1•:·,'' ',·~ •• i.:;:;
ACTION ''c<~~:•:Y' '<::•:>:~::: .... :: :.:,::< ••::;::•'j}:;:::,, ~<::: "':~::;t~~1f~::~, '<;>:: ,<'{ <s~~:~~:'---·,· .. , ':~~~~~,:~~>-' >>>:::--<·::~;+:,:::::~:;',,'' ,-',
The Committee r~q~ested t"'t the sp~tJic dollar amounts requested for each
project be brought bi@~,to t~~:j~~Jy 25, m~:tjpg
->::~~~~;~~~:~~~~~~~i~P:~~;':;;·>, "<~::::~~~~~::~~i:~~m;~~:~:::~~~:-:_:~:~:%F~::::~,, '~:~~::::>~,
lnterittf•:eitY ManigerKatnii::Stooks pr ·, · tfii item.
, ~~~:;;;~~i~-:,-'~, ~;:~s:~~~:~~>-'<~~~;~~:-:
In ~f~~~l Year (FY) '2n~5L06, thti~dopted work plan and budget for the General Fund
im:;ludlng::.fl:<l!fding specifl~JIX for ln{Qm;ation and Communications Technology Projects.
Each yeaf::;q~partments prt),mse prci)~s which are then reviewed and prioritized by the
lnformation'::a~:chpommunic~tJ~ms Technology Steering Committee. The City's General
Fund proposed~~: 2012/ ··· get includes a transfer of $280,000 to the Information
and Communicatlons . . logy Fund for the following projects: Technology
Enhancements for ~~<~~'bela Permitting System; Enhancement to Eden Accounts
Payable module; Upgti~&·:of Automated Cleanliness Assessment; Off-Duty Job tracking
application; and the Development of Mobile Applications. In addition the following
projects are funded from the Police Confiscation fund and the Parking Enterprise fund
and will be under development next year with in-house resources dedicated to the
respective departments: License Plate Recognition; Gated Revenue Control System
Upgrade; and Master Meter Replacement. Further, the following projects do not require
funding but are planned to be under development next year with in-house staffing
resources: re-writing of the pending City Commission documents log and lobbyist and
board and committees programs, in the Office of the City Clerk; complete a historic
buildings database and GIS Map; and provide hotel and restaurant information for the
Visitor and Convention Authority (VCA) for the development of a visitor information
website and data aggregation portal.
119
Commissioner Ed Tobin asked for a status update on the installation of GPS systems in
city vehicles. Chief Financial Officer Patricia Walker stated that there was an item
regarding the GPS installation in city vehicles on the July 18, 2012 Commission Agenda.
The Committee requested that the specific dollar amounts requested for each project be
brought back to the July 25, meeting.
NEW BUSINESS
1. Proposal for Increased Rates for the Botanical Garden
ACTION
The Committee recommended authorizing the.'int::r~sed rental rates for the
Botanical Garden.
. . . .· ' .
Real Estate, Housing, and Community 6e'.tel~pment Director A~~~:Parekh presented
the item. ":~~~~~·~h,, . .:::::~~i~i:> ·;;~~;~.~~g~~ ..
On June 6, 2012, the Mayq(:;]:i~!id City Colt( :::·approved a r~~wal of the
Management Agreement betweefittl:J~;:Q!ty of Miamt: nd the Miami Beach Garden
Conservancy, Inc. for and addft~i)~l~;~~;:-year terrrt;i::~mmencing on July 1, 2012
through June 30, 2017. At the tim~· ConsaW"ncy requested to exercise its
five-year renewal optiQn, it also reqg~~ted' .izatiori<fQf:':;Jn increase of the rental
rates at the facility~ ::tfi:·ligl'l~:;((fthe CityiS~~~nual ~~~\ff~~,Jtion fo::~he Garden Conservancy,
approval of the. itf,~:feased"r~t~s was d~fert:~:'J)ji tn~\flo.ance and Citywide Projects
Committee untillh~Gity's budg~t reviewRr~ss was underway. Historically, the City's
annual contributii:m:t9;:tbe Gar~ ConserJ~I)l~y, which comprises approximately 33% of
the Consery~:mcy's irib~itl .·.·.·.·.· .. detenYiln~ through the annual budget as a city-
wide ®~~~:·:::Qy~r:the · . :yea~;i~~~Jfity:~~~ced its contribution based on a 10%
ac~~~·:lfie boariif::[~~ction':J~:::~II entitles::~~ivlng direct allocations and not based on
any:::~:;~view of wh&ttl~r tha::::;'@~rden Conservancy's operating costs increased or
decri!ased. · ::::::::::,. =:::::::::::: ..
'~<:~·~:~~'" '<:~{:~~:~~-, \:~~~;;~:~::~" ·.~>::>:\. ---.·,·., -.., < -·'·'~-·-..~.
During the::Ume the Botan~ll GardeiY:was closed for construction, Conservancy staff
conducted iXf~f:lSive marldij)::research and visited other facilities in Miami-Dade and
Broward countfe~~>~o learn .~f>out their respective rental policies, pricing and amenities.
Based on its resei\t~t;J., th~ ancy is proposing to increase the rate for rental of the
Banyan Room frortP. a period of up to four hours, to $2,500 for non-City
residents and/or busine~es and $1,500 for City residents. Each additional hour would
be charged at a rate of $200 per hour, reflecting an increase of $25 from the current
plan. Also, under the new plan, the rental rate would also include access to the Great
Lawn, which previously was mostly reserved for stand-alone events. However, since the
renovations have converted much of the area occupied by the Great Lawn into a
signature water feature, it is now included as an additional amenity for renting the
Banyan Room. For the remaining areas of the Garden that can still be rented out for
smaller events, the rents under the new plan would also remain the same. Additional
charges include state sales tax and insurance; an annual family membership fee of
$50.00 for non-members; $25 per hour for a garden attendant and $125 per hour for
janitorial services, shall also still apply under the new plan. In light of the Garden
Conservancy's prediction that the revenues under the new rate structure would not
significantly impact its budget until the second quarter of FY 2013/14, Administration
120
recommended that the City's contribution be considered as part of the annual budget
process as in previous years.
The Committee recommended authorizing the increased rental rates for the Botanical
Garden.
2. Discussion of the current management and operations of the City of Miami
Beach Golf Courses, clubhouses, and related facilities and
options/direction for the future management agreement
ACTION
The Committee recommended the agreement be extended on a month-to-month
basis while the Administration meet with Professional :Course Management II, Ltd.
(PCM) to discuss any additional benefits that would be proffered to the City in
consideration of waiving the competitive bidding pro~ess; that Staff provides
more detailed information on the cost of other" g~lf course management
companies and how the golf courses are maintained andtbe .. Administration report
the results of the discussions and fi · · · the golf courses. yomparisons back
to the Finance and Citywide Projects ittee for further diti.~ipn.
~<:;~;:~;}.
On September 5, 2007, a
Management II, Ltd. (PCM) for
Beach Golf Club (including the
was approved by the Comm
2007 and is due
agreements,
received om;lti\te~cmrnmen'ts
also done a notaole
·~%'~~\.
'<~:?'~i~::::
ProfessiOnal Course
""'"'""'11'""" of the City's Miami
~""'''"'""'r.,.,.,ndy Shores Golf Club,
need on October 1,
of the management
service levels, and has
and day guests. PCM has
QtRtYa• budget allocated to the golf courses,
meci:Miami Beach Golf Club, while exceeding
:::j::;l,y:ru:;;r,~;:i<:¥!1it: below the appropriated budget on
on six (6) occasions since the
managed the Normandy Shores Golf
orolectea deficits, while maintaining the Golf Course and
options available are to either direct the
Admin Req Proposals (RFP) to be issued as soon as
possible ng a new agreement in effect on October 1, 2012 or
shortly inistration to prepare a Commission Item waiving the
competitive biddltlr~:8Pr<)Ci!ltas> and enter into negotiations with Professional Course
Management for management and operations of the City's Golf Course,
Clubhouses and with the intention of having an agreement in effect on
October 1, 2012.
Chairperson Deede Weithorn stated that PCM should give the City an additional benefit
to waive the competitive bidding process. Commissioner Ed Tobin felt that the contract
should go out bid to see what the market is like. Discussion ensued. At the conclusion
of the discussion the Committee recommended the agreement be extended on a month-
to-month basis while the Administration meet with Professional Course Management II,
Ltd. (PCM) to discuss any additional benefits that would be proffered to the City in
consideration of waiving the competitive bidding process; that Staff provides more
detailed information on the cost of other golf course management companies and how
the golf courses are maintained and the Administration report the results of the
121
discussions and finding of the golf courses comparisons back to the Finance and
Citywide Projects Committee for further direction
3. Status on Building Development Process Fees
ACTION
The Committee recommended that the item be brought to the full Commission.
Interim City Manager Kathie Brooks presented the item.
On January 13, 2010, the City Commission approved fou.r:ordinances for the Building,
Fire, Planning and Public Works departments rela~ >to the fees for Building
Development Process. These ordinances went intQ,~ffeCt on February 1, 2010 and
provided a complete overhaul of the fee structure fotthe:ratJ,ove mentioned departments.
Additional changes were adopted by the City Commissiorl:ln>September 2011 that went
into effect on October 1, 2011, including redu(iti()ns to the fees for certain permit types, a
continuation of discounts for permit fees relatecUo certain perrnittypes, a continuation of
discounts for permit fees related to certait:tpermit types, a waiver ofJtJ~ Consumer Price
Index (CPI) adjustments for 2011 and 20121:·~pd the introduction ofei::~p on permit fees
' ' ' :' '' ~' ' ; -....:: ' ' ' \ ..., at 10% of the calculated cost of construction. >;:::>, ,;~:::::::: ,:;::~::
"~;;;~,'~~::~:>'" '>>>>>,, "·,·-..'~·. ,•'<·>, ·'·_;,'' ~<<::'::::·~
During the discussions regardl '"~th~::4P11 change~~:·me::Administration note(fthat further
changes were still being consi ":."':,~:~ •• would be::::ij~~ght back to the Finance and
Citywide Projects Committee for fu~uer·~~~lgeration:::~:~<ftninistration sought direction
on the following: >t1:~::: · <<:;::::::::. •:;~·:'~>:
• whether fef3$.:>"' to Plaiif1!ng an~:j~~ijlc . Worti~~· efforts in the Interior
Alteratio ':l?ermit typ'~: s~~~~~'be·r~.9~d; ·,
• whether o·t~ttPt the d , ·' , shou1{f:~f'ltinue pasfSeptember 30, 2012, and
• whether or\tt~tthe c~t::::increase 't6f:j;:2013 pursuant to the existing ordinance
s~2}1.19 be wal\t~:· .':•;:~t:; ·:::~" '<::;,')·.>~
ThS}.:~~~f~f~~~l~~~·~~o~~~~~:dth~1:,~~~<t~!~Y~d to Planning and Public Works' efforts
in •>~~~~ interior Altet~tj~j1/Rer&~~ling permit:'types be reduced, extend the current
discol;![!J~ past Se 20if~'f,,~nd not waive the CPI increase for FY 2012/13.
'',:S~;~:::l:;:;. ''i:~1~\ ',;~q~1~b<
Chairperaaq:jl:.Qeede Welt}1~~P aske'tf;>for an update on the "glitch" bills. Building
Departmenf::~t~?tor Step~~p Scott stated that an update would be given to the
Committee in tfl~:~~ure as w~ll as recommendations for addressing the "glitches".
'~>>>>:<>, '~:'<~,.::<;~
Commissioner Ed t~bin:::;~ked if the environmental incentives were included in the
memo. Interim City Matl'ager Kathie Brooks stated that they were not listed in the
memo. The Committee recommended that the item be brought to the full Commission.
4. Mass Transit Connectivity Study
ACTION
The Committee recommended that Administration contact FEVE to explore the
matter further, they discussed maybe setting aside funding for the project with the
provision that it cannot be used without authorization from the Commission, and
that status updates be given to the Finance & Citywide Projects Committee.
122
Public Works Fred Beckman presented the item and went on to introduce Transportation
Manager Jose Gonzalez.
Pursuant to the adopted policies, goals, and objectives in the Transportation Element of
the City's 2025 Comprehensive Plan, the City coordinates closely with Miami-Dade
Transit (MDT) to ensure that transit service within the South Beach, Middle Beach, and
North Beach communities improves mobility and promotes the use of alternative modes
of public transit while preserving the historic character of the community. The City
Administration works closely with MDT, the Miami -Dade Metropolitan Planning
Organization (MPO), and the Florida Department of Transportation (FOOT) on various
short term bus transit projects and initiatives in order to provide residents and visitors
traveling in our City with an efficient public mass transportation system. At this time,
there is renewed interest, increasing demand, and new qptions for additional mass
transit connections between the City and other parts oftna County. In addition, new
technology eliminates overhead catenary wires that<w:ert.:fone of the concerns of the
most recent potential mass transit connections-Bayt:inlt·.
,,' ,' ' ,'''
,',', ',', v,' v
In 2004, the Miami-Dade Metropolitan Planning Organizatlon (MPO) completed the
Miami-Miami Beach Transportation Corridor Study, also known as Bay Link. The Bay
Link study consisted of an approximately ,eig,hteen (18) mile long bf~Jfectional loop route
utilizing the Mac Arthur Causeway, Washlrjgt,gn Avenue, Alton Ro~~~::,.7th Street, and
Dade Boulevard corridors. The estimated capiJ~l:.cost:gf;:l{ie Bay Linl(i:~,~ was $482.7
million and the annual operating ... and mainten$bc.Q<:~~Q$'f was estimatet!:?'tlJ be $12.1
million in 2004 dollars. In spite 'Ql~to~::~~pport for th~~~~Y Link Transit proje~t; there were
a few outstanding concerns over;,~9!i\l~~!~i~ration, aiia)}l{i:~ proliferation of the necessary
overhead cantenary wires througnQ.~t 'tn~:~~.lt,y's historj:Q;:;>§)outh Beach district. The
''~~»~ '~.">•,,,','._-' '\:._.-..~,v-._
unresolved concerns coupled with a;:t~:gk of fl?ititllf:ig and ptili1!gal will at the County level
to build, operate, l;lt;!t:l,~:)ll!~iptain the ~ij:lposed J?~Y~~Mn,k sy'$\~f,n resulted in a lack of
support to progr~f!t:ftie 'fu~~ing neces~~ry <t~:,~ltfpl~,,~he ·Preliminary Engineering
phase of the pr()j!'~~ Curre:njly~ the Bal.:M~k:Transifptoj~ct is listed as a Priority IV
Unfunded Project in:tn~ 2035 ~0 Long Rl~l~e Transportation Plan.
'<<<~,'>v 'Vv''''< ',',v,',',,
,v<;' :><' ... <~~:::::~:'X.:•>,' '<::;;,>
ln. an_~«!cy~~l~::::t:~t9motEFIJ~~~~n~:tra(!~,~:·:t7chH~~Y al~ng certa!n PTP corridors within
M1am~;~~:aae Cotttl:W::~nd conna~gn~.to'the ex1sting reg1onal transit system, the
MF?~}and MDT h , · ...... · ~rtnered"<Wi~tl FEVE, a state-owned Spanish railway
corrfpjny operating ~PPfOXimat~lY:>, 777 miles of rail service. The rail technology
implemeht~d in many uraioized ati:g.;:bjstoric parts of Spain is primarily characterized as
a moderli:~~f~etcar technot9gy that '"t)perates in mixed traffic and pedestrian plazas, is
not intrusive;:~n~ does not r~uire overhead catenary wires between stations throughout
the route in ort.Ei~ to operat,~~~l:< The streetcars essentially "charge" only at stations via a
pantograph mouri~t:t on .trni::::roof of the streetcar that extends upward to reach the
overhead catenarieS:~lij)Jgl;~tl:arge at the stations and then collapses and hides within the
roof structure of the "<sl~~tcar. The streetcars travel from station to station without
needing recharge, thereby significantly reducing the amount of exposed overhead
catenary wires within historic cities. FEVE officials have offered to conduct a study
through the MPO to evaluate the feasibility and potential benefits of additional transit rail
corridors at no charge to the MPO or Miami-Dade County. On January 26, 2012, the
MPO Board passed a resolution directing the MPO Director to coordinate with relevant
Miami-Dade County and municipal officials, City of Miami and Miami Beach in particular,
and staff to facilitate a study to be performed by FEVE as to the feasibility for potential
light rail transit corridors.
The Miami-Dade MPO is currently undertaking a planning study with the primary
objective of developing an agency-supported, short-term, cost-feasible, countywide plan
for an interconnected network of Tolled Managed Highway Facilities with rapid/enhanced
123
bus service routes and infrastructure. Among the eight countywide corridors that will be
highlighted as part of this MPO study is the Bay Link corridor -Mac Arthur Causeway
(Downtown Miami Government Center to Miami Beach City Hall). The study will focus
on the concept of implementing variable pricing on existing free roadways or new lanes
on existing free roadways. This approach involves evaluating the feasibility of
implementing segregated managed lanes with all day variable pricing on existing un-
tolled highways (such as the 1-395/Mac Arthur Causeway and the 1-95/Julia Tuttle
Causeway). The study will evaluate the potential of using new revenues generated by
the tolled managed lanes/facilities to fund the capital, operating, and maintenance costs
of implementing enhanced or express bus services or other type of premium transit,
such as light rail. The current condition and approach has and will continue to have a
disproportionate impact on lower income travelers who typically do not have a choice
and must rely on slow-moving street-running bus service.
','', '''
Commissioner Jorge Exposito asked how long it t~~e~•t()" charge the streetcar. Mr.
Gonzalez stated that it charges when it's at a stati:Oil;Wtlich is only approximately one
minute. Chairperson Deede Weithorn asked if tne<•street~tJ~ould share the road with
other vehicles. Mr. Gonzalez stated that the vehicle could 6~rate in mixed traffic or on
a dedicated right-of-way. Discussion en.$l.lt!d;< The Committee recommended that
Administration contact FEVE to explore tn~:matter further, they d!sc!.J~~ maybe setting
aside funding for the project with the <:~mvision that it cannot:~.:~ used without
authorization from the Commission, and thafiit~tus Uj:)~~s be glven:~~:~be Finance &
Citywide Projects Committee. ::J.:.:~(<>, <:•,;;[;,~;::::~:; :·•;::>' <•:::,:~~
--~:~:::::::~,
ACTION
On Sep\~mber 25, 200G~·:•;.the cny:·~·:~f Miami Beach and Miami-Dade Transit (MDT)
collaborait~~IK launched th~~:'§outh '8e~ch Local Circulator service (known as the SoBe
Local). Thl?i§~~th Beach ~~~~ replaced the City's Electrowave Shuttle service which
had been in ~f:!iee contiJ1~~11y since 1998 providing public transportation for South
Beach residents<~rts:t visit{;)m: The South Beach Local is a bi-directional circulator
providing public tran~~~:$"~iee to the eastern and western areas of South Beach with a
recent extension of si~JE& to Belle Isle. Since inception, the South Beach Local has
proven to be the most successful MOT-operated circulator with an estimated annual
ridership of approximately 1,563,000 and more than 127,000 boardings per month since
the beginning of this fiscal year. Funding for the operations and maintenance is
provided by the City of Miami Beach and MDT. The City currently contributes $1.2
million annually from the Charter County Transportation Surtax (half-cent) allocation and
MDT contributes $1.9 million.
In 2012, the City of Miami Beach, in cooperation with the Miami-Dade Metropolitan
Planning Organization (MPO), completed a study to identify a transit service that would
be customized to the unique needs of the A1A/Collins Avenue/Indian Creek Drive
corridor along the eastern coast of the city. Only two routes traverse the length of the
corridor between 71 51 Street and South Beac;h; other routes cover portions of that length
124
and then connect with the rest of the county across Biscayne Bay. Traveling by bus
within the city along the A 1A corridor is therefore more complicated and less convenient
than would otherwise be expected. The recently published resident satisfaction survey
reported that seventy-eight (78%) percent of respondents in the Mid-Beach "condo-
corridor" and North Beach use their car as their primary mode of transportation. Eighty-
nine (89%) percent of Mid-Beach respondents reported their car as the primary mode of
transport. The proposed service would be uniquely configured to serve the high rise
condominiums, apartment buildings, and hotels for which transit travel is a voluntary
alternative to travel by private automobile. Generally, auto ownership and household
income in the corridor is high suggesting considerable discretion in mode choice for
residents and visitors in the corridor. In addition, the service would carry residents and
visitors to non-work destinations: restaurants, entertainment venues, and shopping
rather than to places of employment. The proposed servl~e would carry residents and
visitors from the high rise condominiums and hotels; ak>ng A 1 A to the retail and
commercial districts along 71s\ 41st, and 17th Streets:':'T:he service would intersect with
and therefore support transfers to Miami-Dade Transit1Servipe within Miami Beach and to
destinations on the mainland. This service would r:equire'tn~ operation of six buses, of
which two City-owned vehicles could be depJo)fed. An additi(')nal vehicle, for a total of
seven, should be acquired to use as a sp~l'J;•particularly as the vehicles become older
and require more substantial maintenanc~~;:j:;:::> · ·· ,~»'» '(:::~:~~fl:~>
An estimate of capital and operating & ~1t~l~f1ance .. ~~s was d~~~·~~d based on
transit operations in the Cities .~f~ Miami, Doraf;:~ ::d7fl)eah, all systemijiitnat rely on
contract service and/or non-urlla~~em oyees. · .N· costs were lirtlited to: the
'•>'·':!:Y""·"' ,·,.:· purchase of vehicles, 28 to 35·fQQr . buses s1~.1J~r to those used on the South
Beach Local; hybrid or other ugree~lJecn vehicf~~~uld be substituted at some
additional cost; automatic vehicle<:J~at raffle ·.:slfltt?l priority technology to
support passenger Jnf§Tm:aUon systerli~~ fl:lllnagem~fut, of on-time service; and
minimal accomrn~~t16ft'§!•:;f9'U: a dispal~he .... · ··ati~~~~, ·sus shelters and other
passenger amenifl~~ were a~~vmed to;'::~:~~ered by::~ilile type of turnkey contract
funded through ad\~Ei~ising oli::~~l'le shelter§:::.~~:The total cost for the initial system was
estimated at $3.3 m1tl.i~I:J ln<~P:ill:lJ costs +~~g $1.6 million in annual operating and
maint~n~t}~~;~~~~· Gl\i~~;:#i~·;pr&lltijl(!~!Y an~~~ budget of $1.3 million for operations
and .ma'ntenante::.tne. ro ossa service' ·.tan :is s~::follows: ''~ o.. ,,p P o..:w· ft .... ,•,·;··•,·:
s~ .::~ 15-minute f' ~een noorf:a('i()' midnight, 7 days per week, 364 days per
'<·','.",~··-.. '<<<<->> . <:·=:lear :::::<:. •:t<::: .
• :;S~rvice route op~m'ting al · ·::z.1st Street/Normandy Drive to A1A to 41st Street at
Sft~O~?n returnlngi~~:Or;~ 40th ·. t to A1A, then continuing south on A1A to
Was"'ill~g~on Avenue~ll:.Lincoln Road. Y;~::::~:k .~~:~~
The Miami-Dade''M:e'Q Nodfi~Middle Beach Transit Study looked at three alternatives for
operation of the servi~;;~j~~}~:::>
• Miami-Dade Trant:ft (MDT) as Sole Operator: This alternative relies upon MDT as
the sole operator to extend service in accordance with the plan studied. MDT
would assume all responsibilities including that of hiring staff and delivery and
maintenance of vehicles.
• City of Miami Beach as Sole Operator: Under this alternative, the City would
assume all responsibility of the route and its service. The initial outlay of the bus
purchase and other capital expenditures would occur in the first year. In
subsequent years the City would incur only operational and maintenance costs.
• Turnkey Operator as Sole Operator: Under this alternative, the City would
engage a private operator to procure vehicles and provide service for a fixed
price. Training of personnel, maintenance of vehicles, and all other
responsibilities would fall solely to the operator. The operator could be engaged
in a performance-based contract, requiring specific services including service
125
reliability.
The Administration recommended that the City issue a request for proposals for a
turnkey contract with a qualified operator, including maintenance staff, to operate the
proposed service. The turnkey contract could potentially be funded with Quality of Life
(QOL) and Parking funds if the bus transit circulator provides service to parking garages
and or parking lots along the service routes.
Chairperson Deede Weithorn asked why the proposed route stopped at 71 st Street and
didn't go further north. Mr. Brick-Turin stated that finances were a factor in the route and
that the goal was for route to get people to commercial areas. Public Works Director
Fred Beckmann stated that staff would look into the ridership in Middle and North Beach.
Chairperson Weithorn then asked where the funding would come from. Interim City
Manager Kathie Brooks stated that QOL funds are currently split into four categories but
could be split further into 5 categories. Ms. Brooks w~nt on to explain that fifty percent
of the amount of QOL funds earned are committed t<:> tne payment of a portion of the
debt service on the Miami Beach Redevelopment Agency -City Center/Historic
Convention Village Bonds, which are used f(lr the develOpment, improvement and
construction of certain public areas including ~ portion of the Cultural Center facilities
located within the City Center District. Th~~remaining fifty percelltJ~" allocated equally
among North Beach, Middle Beach, and Beach for capital pi'O}~ts that enhance
Miami Beach's tourist related areas and va . ::irts a11~:j~ltural progntqt'~ Ms. Brooks
then stated that instead of 4 ca the'::so%<:~J:;:~oL funds are'br~ken into 5
categories, where transit is thEf Tr~~j·e~ttation Manager Jci!e Gonzalez
added that staff is actively pu to help>ft;i:l;\g the project. The Committee
recommended that Staff researc in Middl~:[and North Beach and that the
item be pursued for the future to''1~~::;,f':leighborhood/Community
Affairs Committee. <:;:::::;:;:.
',','<~::::~~ ' ' :~::~ri:m*:::>::~:~~~·:~:':~:~:
July:.~~· 2012 ·:><:; @;l; ·:· .
',-..._<;>:'>, '..''''
'<::' >>, ,,''<';<,,
OLD BUS~~ESS
ACTION
The Committee recommended the item be brought to the full Commission for
approval.
The Committee did not discuss the item.
2. Repair and Reconstruction of Seawalls
ACTION
The Committee requested a copy of the seawall study along with the prioritization
126
list.
Public Works Director Fred Beckmann presented the item.
The City evaluated its seawalls in 2003 and developed a report that prioritized their
repair. Since that time, the City has improved many of the seawalls. In December 2011,
the City completed a Seawall Assessment that re-evaluated the 7 4 remaining seawalls
that have not been improved and are not part of a neighborhood project about to enter
construction. The seawalls were assessed in two ways: condition and maintenance
priority. Conditions were assessed on a scale of 1 to 6, where 1 means the seawall is in
critical condition and 6 means that the seawall is in good condition. Maintenance
Priorities were assessed on a scale of 1 to 3. A rating of 1 means low priority and 3
means high priority. This fiscal year, the City is addres~iJ19 the seawalls that have a
Critical Condition rating and a Medium Maintenance ,f::lij{lftty -there are no Critical
seawalls with a High Maintenance Priority. These .:ae~walls are Muss Park, Wofford
Park, 1 01h Street, and Bonita Drive. All seawalls ~j~g~}?¢iired or replaced will be built
to a minimum elevation of 3.2 feet NAVD. Thi~:is ba$~d upon the 2011 Citywide
Stormwater Master Plan. This minimum was:aet based upon anticipated sea level rise
and the expected design life of seawalls, :This requirement Will also be enforced for
private seawalls that are being repaireq.t){replaced. CommlssiQ~@r Jorge Exposito
asked where the elevation would be meastitid from. Mr. Beckmanrf~tated that it would
be 3.2 feet above high tide. Chairperson Dee~alV\Ieithorrj~sked that a~py of the study
be given to the Commission. ;:<>> •;.... :• ' ::> , .,}
:::i;'~}:~~· :>> <<~J~:~::;~:~ . •,',', <;>~·>~>:~ .. ,• ... ,·~~~:~·., '<.~~:~~>>;:. . "·:::~~:·>> ..
3. Collins Canal Seawall RepJirlDltl~:ESoulevard•Bike Plan
·',','-..'-..', -..,',',','-..'..".".. »•,'-..·','' <:::>> _,::;~:~~:~>. '<;;:~~~:~>
ACTION ,,,~~~'&,, • -~1~~. ,,~,~~~''''~,i@,~~
Staff is to give·tb~;CommiS$f9n a repo~j;J(i;:lpproxlmlti1y three months regarding
the status of the pi:qj.ct and':jjtovide detal~~ of mangrove planting.
· ... ;:"::::~<. ,~"·.·~·,· '<:.: ~··
Public worksDirector ~t~.si~!iffi~Hri· resenliit.the item. ,.:·~m",::: > ••• ···:: •• ::::·::·:~·:> , , <•;:~:,::;:,·:: , , <~•,:;;s.::~.?." ··:::.::•
Apf?f:B:~imately 3, 100~f~~t of~~'f'all on th~:~north_ si~e of the Colli~~ Canal, betw~en
West;::,~xenue and 'Cl~,ll¥ent!Ol1:~::;~~ter Dnve, 1s m poor cond1t1on and requ1res
repla The City te~.iVed ~:r~~~{'lt for this work in the amount of $1 ,383,885. The
Cit~ is nstructing mat~y' 5,000 feet of bike path along this corridor form
1 i Street t6:;~~rk Avenu . , a grant in the amount of $2,873,896. The seawall grant
expires on · 31, 2Q:~Qwhile the bike path grant expires on July 31,2013.
,z::~~~~;~:
'..-..'\,',~~',-..','
'',v/,~,,~,,'/
The project is fully . n,,. iand has been approved by the Historic Preservation Board.
It has also been endot~'by the Transportation and Parking Committee, the Disability
Access Committee, the Bikeways Committee, the Belle Isle Residents Association, the
Miami Beach Convention Center, the Greater Miami & the Beaches Hotel Association,
and the Miami Beach Senior High PTSA. The contractor, Harbour Construction, is
scheduled to complete the work in October. Presently, it is constructing the barrier wall
that sits atop the seawall. Upon completion of the barrier wall, it will install the lighting,
the bike path, the irrigation and the landscaping. At the request of the City, the contactor
will install a temporary bike path along a 650-foot section that is too narrow to plant
trees. While continuing the work, the City is pursing two designs in parallel that could
provide for trees in that area: planting mangroves in the canal or shifting the Dade
Boulevard curb to the north to provide a planting area. The City met with regulatory
agencies about planting mangroves in Collins Canal during the permitting process. At
that time, the Florida Department of Environmental Protection (FDEP) had indicated that
127
it would not be allowed due to concerns over sea grass habitat and that the reduction in
the navigable width of the canal. Since that time, certain residents have put staff in
contact with the County Coastal Habitat Restoration Coordinator. After numerous
meetings, he indicated that he would assist in an attempt to obtain approval from FDEP
and the Army Corps of Engineers. As a result, of further conversation with these
agencies, the City is putting together a design plan of the proposed planting for further
discussion with these agencies. It was noted that this effort will have a long permitting
process that will last six months to one year.
The City is also considering shifting Dade Boulevard to the north by eliminating a left
turn lane into Publix, which is adjacent to the western end of the 650-foot non-
landscaped area. Publix has recently contacted City staff and indicated that it would
oppose the elimination of the left turn lane. If approval is liftimately obtained from Publix
and FDOT, the City could begin the design exception prodess with the County. The
work would be completed 14 months after beginning the design exception process.
Should the City approve removal of the turn lane ta'r'ld approve the shift, it is estimated
that the cost of this work would be $2,100,000 to $2;300,000, At this time, the project is
currently $800,000 under budget. Theref((re, ·the City 'would need to provide
approximately an additional $1 ,400,000 t~ (l1;odify the roadwaytq allow for the planting
area. · \,>>>>'',",,''
Commissioner Michael Gongora asked whaf~~ltj be QR~~~to make
Mr. Beckmann stated one optiorhwas to plant·······'" ~Q~-: which staff .~;trsuing 11vith
the County and that he expec(' ... ~ts:: i)e $800, . ...... cover the cost of'planting the
mangroves. Commissioner J . :~ ·"'stated that~~~ll{! felt that the planting of the
mangroves was not what the resid~)i)l~ w~r~;~®klng for;::t{l~t they were asking for shade
trees and a wider sidewalk. Mr. Ba~'&r:nanri''$t~t~~t!hat stal:t~ continuing to pursue the
waiver and talk to r:'J.,1PO~~:n~l~cussion j:f;i~.ued. <:;IJI~r,.son ~~de Weithorn asked what
the maintenanc~:<~st:··~~ ~f::::s~ade tre~$:V~rS~s:>rtfan~{mves:· Parks and Recreation
Assistant Direct~rrJohn Ol~~nburg st~~~F>that the<Umangroves do not require
maintenance and trt~tJhe mail';lt~,nance cos~:f;~r shade trees is approximately $15-25 per
year per tree. Chairi:)ij~~:m V\l~~h;om.then " · how many trees would be planted. Mr.
Olden~!JfQ~~t,a:t~~~Lthat t*'~r~:;:~GUlcr:::®::~ ~tely 1 oo trees planted. Chairperson
W~~!ll~t1:i:tfien::st~t~::~hat s{j~j~grees <v>::<<'·. sioner Gongo~a that the City has tried
to :m~~~ the proJect:;~GJr~e . ~sked what::~pe end date for th1s was. Mr. Beckmann
stafid~:i~bat he would:;:~nd t ;;::G,~mmission a report in approximately three months
regardmg;:.::the status o~nbe pro)~~~::.. Commissioner Exposito asked what size of
mangrove:s::wquld be plant~~><md hoW:long do they take to grow. Mr. Beckmann stated
that he woultf;g~t back to hiro]:~~ardlng that.
"~::~:::~>' ><<-::-~ ~:::':~:~:,:.,::~, ~<<<<~-< .. <:~~:~~:
4. Wolfsoniarl~~.i'u.Jii.it~r Plan/Washington Avenue Enhancement Plan
'<~~~~~~t~:~~>''
ACTION
The Committee asked that the item be brought to the August 22, 2012 Finance and
Citywide projects Committee meeting to discuss granting the $150,000.
Assistant City Manager Jorge Gomez presented the item and went on to introduce
Regina Bailey, assistant director for Special Projects and Academic Initiatives at the
Wolfsonian. The FIU-Wolfsonian Museum made a request to the City to fund a museum
facilities master plan. This master plan will create a general vision for the development
of the museum's properties and facilitate the investment of $10 million of County bond
funds earmarked for the Wolfson ian. The museum is requesting $150,000 for this effort.
Chairperson Deede Weithorn asked where the funding would come from. Interim City
128
Manager Kathie Brooks stated that it could come from Resort Tax. Commissioner
Michael Gongora asked if the $10 million would be used on properties on Miami Beach
only. Ms. Bailey stated that it would be spent only in Miami Beach. The Committee
asked that the item be brought to the August 22, 2012 Finance and Citywide projects
Committee meeting to discuss granting the $150,000.
5. Discussion of Parking Lot Projects
ACTION
None Required
Capital Improvement Projects Director Fernando Vazquez:pr~sented the item.
The At the July 9, 2012 Finance and Citywide Pr~J~ Committee meeting, during
discussion of the FY 2012/13 proposed Capital Budget:~ ·the Committee requested
additional information regarding the surface lofprojects. Photographs of the proposed
surface lot projects were presented. Discu$$it:)n ensued. Chclirperson Deede Weithorn
stated that in looking at the pricing of the~~tface lots previously, tl)~~QriCing didn't seem
appropriate for simple surface and Mr. Vazquez stat~:cJhat the costs
presented were the original costs and thaf . are .~1:19 reviewec.f:ijj:l,<;j updated as
necessary. .::':~>·. <:,~::;.r@t:!L~::;::> ·:;''1:\.,;:
':~;::::::::> ', ~< ,'-::,'-, ~ '~.::~~<<:~~~~t~~;~,-~ ~,' ,<<' . .. . ·····>>'·". ~~~~~·>.
6. Discussion of Scope ·~~ '}\riJt. ated ·~~ults from the proposed
Transportation tmproveme'rif:~nd htl ftntati6t\i~lan.
>:>~· '· >"·'·'' ·>~::~~~~~~ ·~·,·\".·,•,.·\· ."\ .. ··~·-,·,.·" ... '»~ "i:~~~:~.-~:>>~,·,: ·.··.· v •• ' <~:::::~~::~:·:.:::~:~::~::~~;:~>::-' ·,~:~~;::::~> '-~~· ~~:<<;y,··<~<~~>·>>~
.~:~:~~:::::~> ·:;;;;;~:~-'· r·:\~ ,·"<'~::::::~:~:>>> V<~:~-... ~~s~~~:~>~>-.. ACTION
·~:.>::~:;::·· ·:::~:~::>~ 'NY.f~'V~"~·,"~, · ,'<'·'
The Commlttee·<::::~commeij~ed fundlllff the Mia~i Beach Transportation
Improvement and lm: en .. O.Q.Pian. T~:i~>
,< ~~;~~~~~;~:~~~~~:~;~:?":~, "" ~ ~ ~ ~~~~~~~~t~~~~~,;~~:~~~~~~~i~~~>', ~ ~~:~~~$:~:~
Pu9U~i[~~ti~i::::t;jj~~~[ Fri~i11]~~ckma!m~1J?:~~~nt~ the item and went on to introduce
Traf;i~Ptlrtatlon Manf:ij~~ Jose;~Q{lz:alez. · ~;:;~\.:
,, :\<~~·> '>?;':~:::~~:~:,_ '''\:Z~~::>' '<~-:::_:~:::'->. . .. : ~ ~ .' ,·.. . ,,~::~:':~: ,,
The Ma~i9ipal Mobility Pl~~·::c(MMPy:~,~ completed in 1999 with a 15 year horizon and is
about to s·u~~~t in 2015. Sf&ty percant::of the projects listed in the MMP have been either
completed o1<~r,~ in various;;~t~ges of project development; others are either not feasible
or need furthel')::~Wdy, Ttj~'::~025 Comprehensive Plan has a goal to maintain and
improve a sustairf&\ble, . .. nvenient and energy efficient multi-modal transportation
system which is focu~~$;t:Qn:t mobility of people, not merely vehicles; recognizes levels
of service and parking~:ni!i')ids; is coordinated with the regional transportation network;
and balances the needs of all current and future users. The study would be funded from
the People's Transportation Plan. Mr. Gonzalez added that staff is actively pursuing
grants to help fund the project. Mayor Matti Herrera Bower asked that the
comprehensive plan connect the City's transit with other transit, such as the South
Florida East Coast Corridor (SFECC) Study which proposed railway corridor between
downtown Miami and Jupiter. The Committee recommended funding the Miami Beach
Transportation Improvement and Implementation Plan.
7. Proposed Capital Renewal and Replacement Projects
ACTION
129
The Committee recommended the item be brought to the full Commission for
approval.
At the July 9, 2012 Finance and Citywide Projects (FCWP) Committee meeting, the
Administration presented the proposed project specific appropriations for FY 2012/13 for
all Funds, including the General Fund Capital Renewal and Replacement Fund. At that
time, the Committee requested a list of the unfunded projects. The Committee reviewed
the list of additional projects which had been identified that could be upgraded, if
additional funding were available. The Committee recommended the item be brought to
the full Commission for approval.
8. Proposed Information and Communications Te(;fn1ology Fund Projects
ACTION
The Committee recommended the item b~:'brought to tile full Commission for
approval. , ,
The proposed FY 2012/13 Information a~;~;:i~A.mmunications Tech:~6(~y Projects were
discussed at the July 9, 2012 Finance and ~!~ide ~~l~cts Committ~::!Tieeting. At
that time, the Committee reque~t~~ that AdministtitiQ.ff::J;?rbvide a schedute:::9.utlining the
funding for each project recororo~oded by the:~::::t~)formation and Communications
Technology Steering Committee:·~~::~~fiiJni~~ioner Jerij;i~!pbin asked if the License Plate
Recognition (LPR) listed for both '1ij~J'oU~'~J1d P · · ::[)apartments were the same
item. Chief Financial Officer Patri~l~, Walkli~<;~t@lted i\~:~~e Parking Department's
license plate reade"' :·p'(;)ttl handhelij:>and :t:J!J vehiot~!>. which is accompanied
by a software prQg~ffj: ..•. .City cart .. . n'il~~;:§?lltrkihg Department to replace
the decal program( Furtnllltmpre, M , r statecf>:tlilat the LPRs for the Police
Department would:~:~ acce~fng Floridst::;:~~epartment of Law Enforcement (FDLE)
information that the>:~~f:king;;:=P~R~rtment !1~gs would not be permitted to access.
ComnJi~i~Q~f. t.l~bin tflen::~~gg~§t~~:~&~t the'i:~~;dice Department purchase at least four
(4) .l:~~S:; \:1\sslst~bl:.l?olice':~nief Mark>Qv•tt:gn 'stated that the Police Department will be
put:($fil$ing five (5fl..p~s. Thij''~~ommittee ~om mended the item be brought to the full
Cornffjl~~ion for approvj1.; ·':.~;·:~
V\V :;:' :'~::;:~>> ',:~:' 'v"' << >, ,•':;~~:~~~~\; '<<<~>~> '"<~~~ <:;. ~ . ' '<:.~:::::':,> ·-:~~;~~:
.. " ~-'~
ACTION
The Committee asked that a comparison of the amount of lighting and crime be
done.
Police Chief Ray Martinez gave a brief history of the item and went on to introduce
Lieutenant David Hernandez, who presented the item.
Chief Martinez recommended that if cameras were installed that they are not monitored
and that the City move forward with a pilot program. Commissioner Michael Gongora
stated that he was in favor of more police presence in the problematic areas instead of
cameras. Chief Martinez stated that he would recommend more police personnel before
130
moving to a closed circuit television system. Mayor Mattie Herrera Bower stated that
she felt that more street lighting would be effective in deterring crime and that without
monitoring the cameras would not be as effective. Commissioner Jerry Libbin asked
why the department was requesting 12 cameras that could pan, tilt, and zoom.
Lieutenant Hernandez stated that they were trying to keep the costs down.
Commissioner Libbin then asked if other cities where cameras are already being used
have fixed cameras or pan, tilt, zoom cameras. Lieutenant Hernandez stated that a
combinations of cameras. Commissioner Libbin stated that he agreed with Mayor Bower
in that if the cameras were not monitored they lose their effectiveness. Mayor Bower
also stated that she felt that the cameras were an invasion of privacy. Discussion
ensued. Commissioner Jorge Exposito asked what Law Enforcement Trust Funds
(LETF) could be used for. Chief Martinez stated that the department typically utilizes
LETF for equipment, such as swat or specialized equipn)ent Commissioner Exposito
then asked if there were height requirements for the cameras. Lieutenant Hernandez
stated that the cameras would be at street light leveii· :commissioner Exposito was
concerned that at the street light level, the view:()f<:ameras would be blocked by
awnings and umbrellas and felt that it would be more effective to add staff rather than
cameras. Chairperson Deede Weithorn asked where this request came from. Chief
Martinez stated that it was referred from, the Neighborhood/Community Affairs
Committee. Chairperson Weithorn then a$ked if the cameras were:I)Qt purchased, what
would the department spend the funds on fri~t~ad. Chief Martinez stit~that they would
look to purchase a mobile command vehicle.:~Qfl~lrpe~~tisVVeithorn theo:\~t~ted that she
felt that more research regardi e closed cir~l~?t~~Vlij!on system neeCiij:Q.~to be done
and that it should not be fun . :. Y:E?ar but shoi:1J8;;ij€fconsidered in the fllture. Mayor
Bower then asked that a comparl~.~~'~o{:~tl~., amount of:Ugb~ing and crime be done.
~-~~:~:::~ <~>::~~~~~>~' '<~:~('\, ,·'~',", '-,. >>>>~~>>~ ' ',, ":~::::
,<<<", ':<~:~::~~~~~~>-' ·-~' ',, ~ -~~~~:::~ -·<:·:;<<~;::-., --~>~v-·
1 o. Review of Qutiij~~~:,Qffice of thi:City Clirl(:;~~:,. <:·:;;t::
.~;:~~~I~~~~~;~;~:<<·:~~~;~~~~~::~~--:~~~~~~I~~> ,v:::~%::;::~:;:>'<::~~~:;:~~~~:~,
ACTION :;:::::l::>" '':::;:::,:. ':~::<>.::5~::~2 '<<,:
-.-··>·,·-'-<~:::~:::::::::> ~
---~<~~::::::>. r~l~~~~-~: -~:~~~~-
The Committee rec()m_mengtU:=:tllQ.t shoui(J.:::lJle Charter amendment pass, an item
regart:tl . the S~Gjjt::?~M~if,ir::'houl~~::report to be discussed at a Legal Ove$f mlttee m ... ,.,., ::::::~ :,~::=:
<~ ~~~~'.:~:2:~-,' ,'<::;~~>~~> ,,''~~<~:~;~:~~,:-:~>~~' "'"" . . ' . ,".~,',',-',
CityGtirk Rafael Gniliijete> pre~t~Q the item and gave a brief synopsis of the memo.
~,<~~f~~~;~:~~~>. · '<~~m~~~:.:: ·<~~~~~:~1~::~ ..
The functtbJ]~of the Officei~Hhe City<~lerk are currently compartmentalized into three (3)
Divisions: Offtt::~ of the City~~Jerk; Special Master; Central Services (Print Ship and Mail
Room). There';'~re c , thirteen (13) full-time employees and one (1) part-time
employee in the,. ·· electorate approves on November 6, 2012 to amend the
Charter, establishiMg~:the(:(!:ity Clerk as a Charter Officer responsible for performing the
designated duties listi!ijl:>{n Resolution 2012-27962, whose compensation shall be
established by ordinance, and whereby the City Clerk shall be appointed and removed by
and accountable to the City Commission instead of the City Manager, the duties of the
Office of the City Clerk would be performed by 5 full-time employees. If the Charter
amendment is approved, the following duties should be transferred: Agenda Preparation;
Special Master; Central Services functions; customer service functions (passport
processing and 604-CITY). Said duties could be performed by eight (8) full-time
employees currently in the Office of the City Clerk.
Commissioner Jerry Lib bin asked if the number of employees would change if the Charter
amendment were to be approved. Mr. Granado stated that the Assistant City Clerk had
retired but has stayed on a part-time basis but is in fact a full-time position which would
be filled by the permanent City Manager. The Committee recommended that should the
131
Charter amendment pass, an item regarding who the Special Master should report to be
discussed at a Legal Oversight Committee meeting.
11. Discussion Regarding Festival of the Arts
ACTION
The Committee recommended reinstating the funding for the Festival of the Arts
as part of the FY 2012/13 budget process.
Commissioner Jerry Libbin presented the item and introduced James Echols, Co-
founder of Life is Art, Inc. Mr. Echols requested that funding for the Festival of the Arts
be reinstated. Mayor Matti Herrera Bower asked wh~tth' funding was. Interim City
Manager Kathie Brooks stated that the last time the F~~tival of the Arts was funded it
was approximately $49,500. Commissioner Lil:>tlt~,,statf39 that he was in favor of
reinstating the funding for the Festival of the Arts, Corruilissioner Michael Gongora
asked Mr. Echols how he would revive the ~v~nt. · Mr. Echals:stated that he has good
relationships with artists throughout South Ftoritia and would enh$nce the marketing for
the event through not only traditional m~ps but also by using ~~j~l media. Mayor
Bower stated that she felt that the funds sr(: be awarded to the 'WJ~~~r of a Request
for Proposal (RFP) or grant. Commissioner, . . st~~ that he woijl<t>be in favor of
reinstating the funding and wouJ~t,discuss ho~:~:Jt:g~~·<~}~tributed at a lat.bdate. The
Committee recommended rein$t$llog the funding'f()f:lhe Festival of the Arts as part of ,', ,',". ','\ .~,'.'.',', "·>.·<'~,·~
the FY 2012/13 budget process. <~:< >:;;:::,.. '<~: :<\.
ACTION
<~~: '-8>:~>.
The Committee. r~~m,~a~a:::;~:ill post~~' impact/minimal service impact, effic:tin~l~$1ii-d.:>. ·<~~~:~::::· '>;~:: ''''/ <~~:;;<:> <> :•;:. ;:::;::;:::::
'<:>~::' ~--'>/~::~~:-:>.. . ~<>~::-::>~ ,~,...>~~~?
ThcfiC~mmittee recommend .. ;::::discussing the potential enhancements for the '~-',',',·'~'-.. .'y-..',-...,'::.... ·~~'':'-..',' ,, Police'[),~partment at th,:'f.ugust:J¥? 2012 Finance & Citywide Projects Committee
meeting iri:<t, approving~~~ potential enhancements listed except for the Police
De.partment~~);~ Fire Dep~~ent/Ocean Rescue requests.
<;;:~::,<:>-.. ::::::-.;~·>C:
The Committ~~:t~~ommi~~ed that at the next Executive Session the Police
Department Maxiri't\@)iiQ"ijY: be discussed.
Interim City Manager Kathie Brooks presented the item.
Police Chief Ray Martinez presented potential reductions and enhancements for the
Police Department and Fire Chief Javier Otero presented potential reductions and
enhancements for the Fire Department.
Commissioner Jorge Exposito asked what was the percentage of beach robberies of
personal items that are stolen from beach-goers and asked about the status of the
beach lockers. Police Chief Ray Martinez stated that those types of stolen items are
classified as a larceny and not a robbery, which occurs person to person. Assistant
Police Chief Mark Overton stated that snatched items such as cell phones makeup
132
approximately 5% of robberies and 16% of robberies are purse/bag snatches. Real
Estate, Housing, Community Development Director Anna Parekh stated that staff is
working on the feasibility of beach lockers and that documents are being prepared for
the City Manager's approval.
Ms. Brooks presented the positive impact/minimal service impact, efficiencies. The
Committee recommended all positive impact/minimal service impact, efficiencies listed.
The Committee reviewed but did not recommend the potential service adjustments. Ms.
Brooks then presented the proposed additions and service enhancements (see
attachment). Commissioner Jerry Libbin asked for clarification on the enhancements for
the Police Department. Commissioner Libbin then asked why Real Estate, Housing, and
Community Development Department was requesting to add a full-time leasing
specialist. Anna Parekh, Real Estate, Housing, and Commynity Development Director,
stated that the number of leases/contracts that neededt1;fpe managed has increased.
Mayor Mattie Herrera-Bower asked if the revenue fr<>m:ffie contracts would cover the
cost of the leasing specialist. Ms. Parekh stated thafit\lllo~l~.
Chairperson Deede Weithorn asked if it was>Ms. Brooks's intention to take away the
duties related to the Condominium Ombudsm¢trlposftion from cu:rt~nt employees, create
a Condominium Ombudsman position, as~!~n those duties to the::Q~vv position and not
hire a new employee. Ms. Brooks stated-.t~~hit was. C9mmissionS:~l~!Rbin then asked
for the status of the discussion regarding N'*lrg the:[;JM.iss USA® ·p~~ant. Acting
Assistant City Manager Max Sklar stated that t~::9 r the pageanNfi~d not been
finalized but it would not fall duomi~:M~morial Day'. nd, a three year oontract was
requested and that he would :~:>·"" · ;:;:,,lnformatio ~;t~.!:!d reply to the Commission.
Commissioner Libbin asked if th . . ·· ::Wanted to~:a1scuss the Police Department
Maximus Study. The Committee redQtnmeni:l~}:tt:n;at at ti1e1:~next Executive Session the
Police Department,.,:;:M~xfm~ts Study':~:~. discu~~::~: The::;;ij~mmittee recommended
di_scussing the P9F~gJiif··· .. ·.· mentstq~:~~~~~~~~;ti~~!!~tiht at th_e August 22, 20~2
F1nance & C1~~e Pr ..... CommlU€t~:;~:;meetmg ·'land approvmg the potent1al
enhancements list~~;:::except f9r the Polt~~i:<bepartment and Fire Department/Ocean
Rescue r~q~~sts. ·.:;:::~:: <\:::.;: :.::;:; :;·:mo..
,.<>: :···::.;'·'.~;~~>.'~'', ..... ;:' >·;>> .. '•''<:::::<: <·<.:.: ·, ','.· . ':<<<<<< '<<->>>>''," . ; ..
Police Chief Ray Martinez presented the item.
The Committee reviewed the FY 2012/13 Federal & State Confiscation Budget Request.
Chairperson Deede Weithorn suggested replacing the funding request for the
Surveillance Camera Pilot Program, $500,000, with a Mobile Command Unit.
Commissioner Jerry Libbin asked for clarification on the 5 year plan. Chief Martinez
explained that there are recurring expenses that are funded through Law Enforcement
Trust Funds (LETF), such as payment to the Legal Department to handle Confiscations
and grant funding. Commissioner Libbin then asked of the items on the FY 2012/13
request, what items may need to be funded from the General Fund in subsequent years.
Chief Martinez stated that maintenance for the Mobile Command Unit would need to be
133
funded as well as the Panasonic Tough Books and tasers with video capability.
Commissioner Libbin asked that staff follow up with him regarding the costs of
maintenance. The Committee tentatively approved the FY 2012/13 budget request.
August 22, 2012
OLD BUSINESS
1. Discussion: Status Update on FY 2012/13 ~eneral Fund Operating
Budget
ACTION
The Committee recommended moving forward with operating budget and bringing
the item to the full Commission. ·
At the July 25, 2 0 1 2 Finance and Cft;~i~~:::::ProJect~:::~ommitt~::.~:t~~wPC) Budget
Briefing, the Committee direct~d, that addititintU:Jnf~ffl1ation be brougnt::::back at the
August 22, 2012 FCWPC mee~~gi:~~::Jl:)terim City~~:ti-ger Kathie G. Brooks presented
the item and stated that The Getf~f;it::lS.{;J~d Operatiiig:!~.udget had incorporated changes
since the July 25, 2012 FCWPC ni~t!ng~::::~~~<;;hangesif:~Jioted as follows:
<~>~-..' '<<< >~::.::>•,'v ''<:::i&I~~:>,
• Potential EfficieJ1¢,i~~:::~nd Minim~f;ilmpact ·~ij~tiQt\Qns .::.::NC(. changes from the July
25, 2012 FCWP~y~~tirlg:t~:\:.~:::::. ···.·. :.>:;:;:~;~:;~;.;·.::.::· :;::·.:·;.:·f· ..
• Potential Se~i~.:~Reductf~~s -Dis~li~~ions at the July 12, 2012 FCWPC
meeting raised cd'if' ' ::::.the seltice reductions that were identified,
impac~-"$fW~~t29~~(115 . ::::Jhe <~~t~mmunity. As a res u It, the Police
l rawn1:;~b~se .. 'itibns and is also revising their potential
as a retnlt. ',~.._:'~•', "\ "\'v ~-.::' ~ -..,-.. v, <:::::~~~~:> '>\:~:~>~:, ,,<~~~?:~:>,
'<<':>>:', <:<~>~::: :<<<-,>> .. • Potential Service Ennan.cement$::~ The potential service enhancements relating to
the Polic~<~~partment h·:~'~:~ been~:''adjusted to reflect a correction to the Internal
Affairs Enhaf:i~ment and ':::tbe exclusion of new vehicles, fuel and maintenance
and depreciatio'6>~osts fo£:;:\he additional Police Department union positions being
proposed (these e:q~t~ wiJl:not impact the FY 2012/2013 budget since the additional
Police Department uni~T:},:ipo'sitions will not be eligible to be issued a vehicle until the
successful completion'':6f;yhis/her probationary period). Please note that the vehicle
costs will impact subsequent years. These longer-term cost impacts associated with
the issuance of vehicles have been reflected. In addition, as noted above, the Police
Department is withdrawing the second part of their recommendation for Internal Affairs
at this time, pending evaluation for FY 2013/2014 after hiring of the existing Command
position and the addition of the proposed new Investigative Supervisor.
• Potential Revenue Enhancements -
As a result of these changes, the estimated surplus for FY 2012/2013, should these
potential efficiencies and enhancements be incorporated, is approximately $900,000.
This surplus could be used to further reduce the millage; however, given that the one-
134
time pension credit of $2..2 million in the General Fund will expire for FY 2013/2014,
an alternative for discussion is to set the surplus aside for FY 2013/2014.
Chairperson Deede Weithorn stated that she thought they had agreed to hold off on
the Proposed Additions and Service Enhancements until they figured out how to pay
for them. Ms. Brooks stated that if you do all of the enhancements, they still have the
$900K excess and if any are taken out or are not done, then you will have an
additional surplus. Commissioner Ed Tobin asked for clarification on the new major
position to understand if the cost is all in what is stated in the proposed budget or if
there is another component that would include pension. Ms. Brooks stated that the
only thing not included is pension and that is because that doesn't occur in year one
and that would be an additional cost. Police Chief Raymond Martinez spoke and
stated that he was trying to figure out how he could put r,nore bodies on the street.
Commissioner Tobin asked for an explanation on eliminating the request of switching
out five sergeants for investigators. Chief Martinez :st~ted he made the decision to
hold off on that recommendation until he gets th~.captain and investigative supervisor
on board so that the structural changes are made before tn:e.policy changes are done.
Commissioner Jerry Libbin pointed out t!:uat:,:the vehicle :cq~t being incurred can
become excessive moving forward and h<>w~o they assure them$elves that they will
save the monie~ being stated. Chief 1\(l~!!J,nez stated the oyeraJbtrudget is coming
under budget th1s year. Ms. Brooks statea;:g~!Jally when overt1me . . s the budget
it is due to the fact that there are vacande'i~>;;:~ommi$il~ner Tobin about the
reserve unit that the City curr~!:)~¥has. Chief> ·'" "' ed there a:~:~9urrently 38
positions per the agreemenf:~nU·:.·,tne City is 'b'Q.tt!Shtly at 19 positions and it is
something that can be improved5;~:p':::;::;J~::.l~,,difficult fo~:~t;t individual working a full time
job to learn how the City works f(;)t~,,3 or::~Jtlonths witltt,n,lt pay to enter the reserve
program. "'·.<> < • :;::·:·:: '<::::::::·F: ··· ::::·.~·:.
'><;~:~:~+~:~:~~::~:~~:~~~::::,~, ':::~:~:~>, '-' <::~~:~~::;~:~~~i><',,' ': ~~~:;<
Mayor Bower a~~~: for i:li'i~.QJ;J,derstan&ih~ q~J:~e u16~~~ed cleaning of Washington
Ave~ue and wnyij.~~::it that E~~'Qoln Roa~l\~~t being''!rrcluded ~hen there is more
traffic and restauran~::lpcated:~:Were. Commt5s1oner Jorge Expos1to asked how much
more do.JI)~y get wltfj:':#}e q~~~::~~gitional'~f~yv at Washington Avenue. Sanitation
Directm;~~l~!'.t~ Zamora::J~teo tfiaf'::9n~ adij~'ijpnal crew changes the service from
ev~~:Wi8 we~k~f~~::;~eekt}i~;m::f;;ublic W8%~.:;QJrector Fred Beckman stated the budget
fot<~~J\~ cleaning is''~"~ptlve''~~l:,tyvo individuals cleaning and the equipment which is
incorp:O~l3:ted only in tli~<tlrst yeaf:j~:f\(1r. Zamora stated that the biggest issue they have
on Wa~lllhgton Avenue::~~ the fiafu~less. Chairperson Weithorn and the rest of the
Commisslt\)g,rs ask that tt1~;efflciericy in which the cleaning is being done be looked
at. ::::;;~:·~t;,, 1m[~~;
'<->>>>... <<<<-:Y '<~:~~~:::~>~ '~<::~:::::
Ms. Brooks then wjnt o ·:~;::aiscuss the Fire Transport Fees. Fire Chief Javier Otero
stated that by in ·· H • ••• ees you only impact Medicare, Medicaid and insurance
companies. Ms. Bro t:J;::stated that with the current rate of non-payment of 36%, it
would be about a $250K increase with the new rates. Chairperson Weithorn stated
they will move forward increasing the rates to that of Miami Dade County. Ms. Brooks
then went on to state that the Wolfsonian-FlU Washington Avenue Initiative was being
funded from Resort Tax at $75,000 a year over the next two years for a total of
$150,000.
Assistant City Manager Max Sklar began the discussion on the Parks and Recreation
enhancements in explaining that they are trying to increase the rates to at least what
the cost is to break even. Parks and Recreation Director Kevin Smith explained the
cost breakdown of the rental of the pavilion and the staff that will be placed there
which is mandatory. Commissioner Exposito asked if a needy person can get
assistance for park rentals in which Mr. Smith stated there is no assistance for rental
135
of pavilions. The Commission agreed to increase the residential rate to $125 for the
North Shore open space pavilion rental rate.
Mr. Sklar discussed adding a service charge to the Colony Theater for ticket sales.
The Commission agreed to add the $1 facility processing fee and charge 30% of
ticket sales for events. It was decided to not establish a $0.25 comp ticket processing
fee.
Chairperson Weithorn opened the floor to public comment. Miami Beach resident
Christine Flores stated that she agrees that setting aside the surplus money is a good
idea due to the uncertainty of the economy. Richard McKinnon of CWA asked for
clarification on savings between the Office Associate IV, Data Entry Clerk,
Administrative Aide I and Parking Part-time positions. M,r. McKinnon stated it there
doesn't appear to be any real cost savings in th~:positions per the proposed
budget. Chairperson Weithorn requested Ms. Brooks ~~provide further information on
these figures to the Committee. ~~~~~ ~~
' '' '
'',' ' ,'
' ' 'v','','
2. Status Report from the engin"'ring company>assigned to do the
City's Citywide Stormwater Master Plan
ACTION
','>'·> .. ·~ ----~·--->><·>.-· ~<<·.··~ ' '-..;~>~~;:>~ , ... <<:~:~:~::~>'
The Committee recommende4j~~!!lP~$J a meeting:~th"~FDOT.
~~~~;~~~~:~:::;:<~:::~ ~ '<:;~~~~~~~
Public Works Director Fred Beckm~h~presiote~d this itefrti&:~::.,
Public Works Dire., .. . . :!3eekm;~~~t~t~~~~;;~]:j::§::::" · :,,tl~::i:~~mpteted a draft of a new
Stormwater Man~tm " hiates the existing system
and recommen~is~;' sustain i .. .. impn:iveffients. The Commission
instructed Mr. Beliman to with ths:::~iople of the community and that meeting
was held on Fri · · ust:1m~:;:~Q12. It Wi\1~ well attended by 40 residents Mayor
Matti ~~rtjra>::l3pwer'~i'ld:i::®mffif~~ioner J~t:J:y Libbin. Mr. Beckman stated they
dis~ecf ffie:,::s~, s~~BClevels 'anl;t :t~ '® year program versus the 20 year
st~rm~ater capltaf;~t~r,am~<':j :: . ~'<,:;::
·>:~<::::.,
Mr. s~: an recom!Tl~~~~ movi}ig~forward with the plan, as it is a flexible and an
adaptab Jtal plan. ''~:tie plan i~(:to modify the stormwater system as sea levels
rise by: in~tit{!lng backflo~i~reventers at outfalls, construct new stormwater pump
stations, add s to g~~)ity systems, create storage for stormwater and raise
seawalls to ma ti'jjghts. Mr. Beckman stated that at some point, the
Commission would': ··~t~:pass an ordinance to raise all seawalls, but that is not the
recommendation as t:tow. In the interim, the City can monitor the changes in the
sea level and refine future adaption strategies or re-prioritize infrastructure
requirements as needed. Mr. Beckman stated they have done a lot of regulatory work
on this whereas the State has not. Most of the items handed down to the County
through DERM are not specific to capital plan changes for stormwater flow as the City
of Miami Beach is way ahead of everyone else on this plan. The hardest thing is the
underground infrastructure to be sized properly with the right size pumps.
Chairperson Deede Weithorn asked are there any neighborhoods not getting pumps
that the infrastructure will have to be done later at a later date. Mr. Beckman said that
you would see one of two things, neighborhoods without gravity wells will have to be
input and in other neighborhoods you will have gravity wells and pumps would have to
be installed. He stated that none of this is anticipated for another 15-20 years.
136
Commissioner Jorge Exposito asked for clarification on the gravity well. Mr. Jason
Johnson of COM explained that testing has to be performed to determine the
performance and the saturation rate in the soil. There are requirements in term of
performance and elevation of the ground water underneath and how quickly it absorbs
depending on the location. Mayor Bower asked if the water is treated before it is
pumped. Mr. Johnson stated that it has to be in compliance with DERM that requires a
level of pre-treatment. Mayor Bower asks that we remain in constant communication with
the County to make sure we are on equal footing if they decide to do something there.
Chairperson Weithorn added that at some point, this is not a City of Miami Beach
problem, but a Federal Government issue and therefore the 20 year forecast seems
reasonable.
NEW BUSINESS
3. Discussion regarding utility ra~ · ·
ACTION
The utility rates do not need .l~ be raised at·~i~::tJfi1ifand bring ba:~){:c;the line of
credit to the full Commission Wfi•n:ready. '>:::~::~::.::: .~
<~~~;~~'::::;:~;~:~g~::~',' <::::~f~\~>-,
Chief Financial Officer Patricia Walk~.,; prtt.l!ll~ this lt~fh~:h
''v''~:~<~~' ''\',,'<:~:;t;~:k:;~::v> ,, ':~:~~~::::,,
Chief Financial Offi~f:~e~tij~l.~ Walker:6~ned ~i¥~~1~\~thai:W:f~h the cooperation of CIP
and Public Work~:i:ilitit thtjy<,bave work~!l:.hS:J:t~;:m lfiftsu~ ... ~hat there is funding for the
water and sewer::p!~lects thai;:~~~ sched0,~£l·:;f~r.·the upc8mfng year. Ms. Walker stated
that she will have tt>:~~~ fun om the lili!:;Qf credit to bridge the gap. She has asked
to increas~. the line <{)f[ $30 to:;$~P million for this year because of the
magnitu · · · ·· ;::~:;,~ondsj~ue is not foreseen for the upcoming
Final't~Jf\lilf"work with Public Works and CIP to
projecti:ffi~t are left that may generate increases for
wa r and stormw~ter. .. . water rates will definitely need to increase a year or
two dependingl:l~fl the"ttij\iJlQ of the cash needs. For water and sewer, a
smaller b6Yi~~!~.sue is antictal~ed thafmlght cause some rate increase a year from now.
~s~{~~:::~~ ~~~~:~~~
'',;:~::~~~>' ' ' ,~, ' '
4. Discussi~~·;~~g~;~~thg Building Fees 10% impact
ACTION
The Committee recommended bringing the item back to the next meeting.
Building Director Stephen Scott presented this item.
On January 13, 2010, the City Commission approved four ordinances for the
Building, Fire, Planning and Public Works departments related to the fees for the
Building Development Process.
These ordinances went into effect on February 1, 2010 and provided a complete
overhaul of the fee structure for the above mentioned departments. Additional changes
137
were adopted by the City Commission in September 2011 that went into effect
on October 1, 2011, including reductions to the fees for certain permit types, a
continuation of discounts for permit fees related to certain permit types, a waiver of
the Consumer Price Index (CPI) adjustments for 2011 and 2012, and the
introduction of a cap on permit fees at 10% of the calculated cost of construction. The
Administration had stated that it would return to the Finance and Citywide Projects
Committee (Committee) with a review of the 10% cap.
Additionally, at the July 10, 2012 Committee meeting, the Committee asked the
Administration to report on the incentives offered to customers for environmentally
friendly projects. For certain incentives for the construction of Leadership in Energy and
Environmental Design (LEED) Green Rating System approved environmentally
sustainable construction. Among the incentives offered for these projects were expedited
plan reviews by all regulatory departments of the City,:expedited inspections, and
monetary refunds of permit fees up to 1% of the value of the construction, subject to the
annual appropriation of funds for this purpose by the .City: Commission. The City
Commission has not to this point allocated funds forth!s ptiq;X:>se.
In addition, with the adoption of the MaximtJ$f~e structure effedbte February 1, 2010,
the City Commission implemented permit:?fee reductions as fOJI~ws to incentivize
environmentally-friendly construction. ''<~,~:::::~.. ·:):"
::::::\, > ;::.::. ~,>{~;~:
Chairperson Deede Weithorn .>~eened by r~~~~~~!~6S:i:::a: summary of :1~ building
development process. Buildmg~t~!~~ctor Stepheg:;l::~eott stated as a rt§sult of an
extensive study of the approved:~f~~:~rq{Q~nce, the<'Jjliffiary component of that was a
10% analysis of permit fees. Dis~~.ss~··· ·.... fee a8Jij~~ments that they wanted to
recommend, taking Planning and l()~lng a· :f:!'lil~lic Wcifki%~9 do interior remodeling,
make certain disco~J}ltfi(j}~g:panent an\:(;1or the n~liro~ in fn~~~ years implementing a
3.7% CPI increase~i::f\4r:'Scott wants to.C)ffera:::if:f!/SCiisoount on permit fees only if the ,'',,',',',,','-'',~ ','\',<•'•> ,\'-._'-._'',':. -..<'~', ,".'~',' \:•,~,~~v,~~'-..",
budget allows for~:~vironmel:d~.l incenti~i~~h~irpersdn~WVeithorn asked what would
that 1% incentive ·w~pJp be. Mrmscott stat~~~l depends on the amount of projects that
have the environmen1"NncentlV$::Ms. Weitftom asked if this item would come back as
a budg~~~:(t~th''~r ~ sep~~ttJ==~~m::~:lf:!t~rim CitY Manager Kathy Brooks stated it would
com~ .. :ai'$'>'Efsepllr~lt=. item ~O':tl:le budget{·. :1:h~ flcror was opened to public comment in
wt:li~ij·Mlami Beadr:m~~s.ident'l~~l,:?rlelle Redf~m stated this is an important incentive to
furtn~f projects and ftj:::ij~Jp maR~:;Y,e City more sustainable. She was also pleased to
see the~iogle family hoffi':~ackup:!~nerator program.
~~:~;:: ', '<:::~~:;:.v '' ~:::<>'
Ms. WeithC>tr!·:rmade a motl~~: to place the item on the September Agenda and it was
seconded by C~f:tli'.Tlissione~;;Jprge Exposito. Meeting adjourned.
138
139
City of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMITIEE MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commi sian
FROM: Interim City Manager Kathie G. Brooks
DATE: September 12, 2012
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF JULY 26, 2012.
OLD BUSINESS
1. Discussion regarding a proposed ordinance on ethics guidelines for
acceptance of gifts, favors, or services by City Employees
ACTION
The Committee recommended moving forward with the ethics guidelines and
bringing the item to the full Commission.
City Attorney Jose Smith presented the item and gave a brief history of the item.
On April 13, 2011, Commissioner Jonah Wolfson referred this matter for discussion to
the Finance and Citywide Projects Committee (FCWP). The item referred for discussion
attempted to more broadly address the issue of potential amendments to the City Code
relating to gifts, favors or services provided to the City's Officers and Employees below
fair market value from an entity doing business with the City or from a lobbyist. At the
September 26, 2011 FCWP Committee meeting, City Attorney Jose Smith advised
Committee members that the County's Commission on Ethics was reviewing the issue of
complimentary ticket policies; the Committee recommended that the matter be
monitored and a status report be provided to the Committee. The discussion on a ticket
distribution policy stemmed from an initial investigation by the Miami-Dade Commission
on Ethics and Public Trust (COE) and State Attorney's Office (SAO) in response to a
complaint by the New World Symphony (NWS) about the inclusion of a complimentary
ticket program as part of the negotiations of proposed revisions to the "public benefit"
section of the NWS's lease with the City for the NWS use of public land.
In 1992 the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City
of Miami Beach elected officials could legally accept complimentary tickets from the City
(obtained via negotiated 'public benefit' clauses in City contracts) to performances taking
place at City-owned venues, subject only to the requirement that public disclosure of
such ticket receipt be made by the recipient/Officials on quarterly gift disclosure forms.
In reliance upon the opinion of the State Ethics Commission, the City of Miami Beach
140
adopted its Resolution No. 93-20694, in which the City Commission formally established
a procedure for the City's distribution of its tickets to performances taking place at City-
owned venues, whereby designated municipal officials and deserving members of the
community would receive complimentary tickets to such productions. A complimentary
ticket program has been negotiated as part of resulting public benefits programs for
other venues with management and/or lease agreements, including the Miami City Ballet
and Byron Carlyle Theater. Based on this longstanding City policy and State
Commission on Ethics opinion, the SAO closed its case on October 18, 2011, with a
finding of no wrongdoing, but referred the matter to the COE for further review on the
policy elements of the issue. On March 1, 2012, the COE released a DRAFT "Guidelines
and recommendations regarding 'public benefit' clauses in certain government
contracts." The focus of the guidelines was on complimentary ticket programs in those
public benefits clauses, and what they perceived to be "flawed" policies by several
municipalities related to such. The City Attorney's Office reviewed the COE's
recommended guidelines and on February 28, 2012 submitted a Memorandum of Law to
the COE addressing the issues raised by their guidelines, and challenging the authority
of the COE to issue such standards/guidelines. It is the opinion of the City Attorney that
these are matters of public policy and not subject to review by the CO E.
On June 28, 2012, Assistant City Manager Hilda Fernandez presented the item and
explained the City's current ticket distribution policy. Discussion ensued. City Attorney
Smith added that he felt that only the County Commission or the City Commission can
legislate what is and what is not a "public benefit" and was confident in defending the
proposed resolution should the City Commission choose to adopt it. Commissioner
Jorge Exposito was concerned that the guidelines suggested by the COE and the
proposed City resolution contradicted each other. Chairperson Deede Weithorn
suggested that the language defining a "public benefit" in the proposed resolution be
strengthened. Ms. Fernandez stated that City Officials are entitled to receive two (2)
tickets to a single performance event and that 70% of the remaining tickets are
distributed to deserving members of the community, 15% distributed to others such as
organizations that assist in promoting and marketing the City through a municipal
marketing agreement with the City or to persons and/or entities that have made special
contributions to the community; and 15% distributed to employees through an Employee
Recognition Program. Ms. Fernandez also added that on an annual basis, an advisory
committee would review and recommend a list of deserving organizations and/or groups
eligible to receive tickets and that the list shall be reported to the City Commission.
Chairperson Weithorn expressed concern about tickets being unused and asked what
happened to tickets that were not picked up. Ms. Fernandez stated that tickets which
are not picked up would be given to employees which are part of the Employee
Recognition Program. City Attorney Smith also suggested that Commissioners make
note of how tickets were used, using the public purpose categories identified in an
addendum by the COE.
City Attorney Smith opened the discussion by stating the recent issues that came up in
Miami Dade County Commission on Ethics and Public Trust which issued some
guidelines for all governments to follow. A list of public purposes, distribution of tickets
and disclosure requirements were set forth. The distribution of any ticket by the City of
Miami Beach shall promote a public purpose, which purpose shall include those
delineated in this resolution. Distribution of tickets shall be in accordance with the public
purposes stated above, and be subject to the following:
141
1. Such tickets shall not be earmarked by the original donor for use by any
particular recipient of tickets. Notwithstanding, any tickets provided to the City
pursuant to a negotiated complimentary ticket program in a public benefits clause
which delineates a specific deserving organization or group as the recipient of
such tickets in the lease, contract or agreement with the City, may be provided by
the City to that specifically identified deserving organization or group.
2. The City of Miami Beach determines, in its sole discretion, which individual
and/or entity shall receive the tickets, in accordance with the Distribution Process
set forth below.
3. No person receiving tickets pursuant to this Policy shall sell or otherwise transfer
any ticket, or receive any consideration for the value of any ticket. Nor may such
ticket recipient use any ticket for political fund raising purposes. Notwithstanding
the preceding, the City may sell any tickets received pursuant to this Policy (if
resale by the City is permitted by the donating entity) if the proceeds of such sale
are intended for donation to programs and services rendered by community and
other non-profit resources for the benefit of the community, including artistic and
cultural organizations and institutions.
4. If a ticket recipient cannot use any ticket, that person must notify the City
Manager's Office promptly and return the ticket to the City Manager's Office.
Failure to do so will result in that recipient being ineligible to receive future
tickets. Such returned tickets shall be distributed by the City Manager's Office to
any of the persons/groups within the distribution categories set forth immediately.
5. All recipients of tickets must sign a form acknowledging the terms and conditions
of the City of Miami Beach's Comprehensive Complimentary Ticket Policy, as
reflected in this Resolution.
For the Distribution Process, tickets received by the City through a complimentary ticket
program, or otherwise provided to the City for distribution, shall be distributed in
accordance with established Administrative Guidelines set forth herein, but may be
amended by City Administration from time to time (amendments to be publicly noticed
via "Letter to Commission" which LTC shall be posted on the City's website). Such
guidelines shall serve to ensure that the tickets distributed promote an established public
purpose.
City Attorney Smith stated the ethics commission was very strong on the notion of
political pandering, giving tickets to political supporters and others to gain political favors.
Any transfer or assignment of tickets has been eliminated, as the tickets can only be
used by those individuals that are Mayor or City Commissioners, City Attorney or City
Manager. The City will create a sight on the webpage to show what the tickets were
used for. Chairperson Weithorn asked for clarification on the use of the second ticket.
City Attorney Smith stated that there was no mentioning of the second ticket by the
ethics guidelines or Mr. Santarino. As long as the Commissioner goes, it should not be
an issue of who they take with them. To avoid the appearance of impropriety, it was
suggested to maintain a log of the public purpose of the tickets just in case there is an
audit to demonstrate the eligible use of the tickets. Mr. Sklar stated they will look at the
form and see if there's a way to provide space for the public purpose or create a check-
off list with a corresponding number that can just be listed. It will be made as simple as
possible before distribution. Commissioner Exposito asked if he cannot attend an event,
142
could he offer his tickets to another Commissioner. Mr. Sklar stated that, based on
what's written, the tickets would have to be returned if not used. Chairperson Weithorn
asked if she could continue to give her tickets away to a charity. City Attorney Smith
stated the tickets would have to be given back, but those charitable organizations can
place themselves on this list of organizations that can receive group tickets.
Chairperson Weithorn stated to pass this item. Commissioner Exposito moved it, and it
was sent to the full Commission.
NEW BUSINESS
2. Discussion regarding development of criteria and procedures for use of the
Commission Chamber
ACTION
The Committee recommended no action be taken.
Assistant City Manager Jorge Gomez presented this item.
Assistant City Manager Jorge Gomez opened up by stating that this was prompted by
the request of Crescent Heights to use the Chambers to hold their own independent roll
out of their projects. At the time, the City Clerk informed the Commission that this had
never been done where a private entity was allowed to use the Chambers. Numerous
emails were then sent by the community objecting to the use of the Chambers.
Eventually, the requestor decided to do this off site anyways as there were too many
logistic issues in using the room and opposition from the community.
Assistant City Manager Gomez asked if they wanted to discuss the criteria and guidance
that can be brought back to the full Commission. Commissioner Exposito stated the
easiest thing would be to state we prefer not to have others use the Chambers for
private purposes unless we can justify it. Chairperson Weithorn stated there has been
request from time to time in the pass from schools and others in which they have
allowed the schools to do Mock Debates. They were just asked to schedule when the
Chambers were empty. Chairperson Weithorn made a recommendation to avoid any
future use until there is actually City participation in any project or agreement in writing.
Assistant City Manager Gomez stated there was never anything brought to the planning
board regarding this matter. This was really a private RFP or process that didn't fall
under any of the City's umbrella or planning board. Chairperson Weithorn stated if they
get an issue where someone chooses to use the Commission Chambers, they can
choose to have a special meeting if they feel it's important for the public. City Attorney
Smith suggested delegating this to the Mayor and City Manager to make the preliminary
finding of whether it is a public purpose. Chairperson Weithorn recommended doing
nothing in the interim.
3. Discussion regarding a proposed municipal marketing program for South
Pointe Park, and an update on other potential municipal marketing
partnerships
ACTION
The Committee recommended The Superlative Group bring back a more detail
report to the October meeting.
143
Acting Assistant City Manager Max Sklar presented this item.
As you are aware, the City has been involved in efforts to maximize its strong brand
presence by partnering with corporate entities in a manner that generates good publicity
and marketing for the City, while at the same time generating revenue or providing
savings to the City. The City's municipal marketing (also known as "corporate
sponsorship") consultant, The Superlative Group (TSG), has identified a list of priorities,
while other activities have been identified to be pursued internally with the City's
Development Coordinator. The City's Development Coordinator serves as the contract
support staff for TSG. Efforts have focused on identifying potential municipal marketing
partners and opportunities for partnership, and reaching out to these potential partners
to gauge interest. The current economic conditions have impacted the marketing
budgets for many large corporations with histories of engaging in these types of
partnerships; municipal marketing efforts are funded principally from marketing budgets,
as they serve the primary purpose of promoting the corporation's brand and/or product.
Not surprisingly, corporate marketing budgets have been impacted and are often the first
affected when cost-cutting measures are initiated. While we continued to pursue various
efforts in municipal marketing, the City has made considerable progress in the area of an
Exclusive/Official citywide beverage partner resulting in a ten-year exclusive non-
alcoholic beverage sponsorship with Coca-Cola Refreshments.
Most recently, TSG has initiated discussions with a large corporate entity interested in
partnering with the City on South Pointe Park. These discussions have progressed
considerably and direction from the Committee/Commission is necessary at this time to
determine whether to proceed with negotiations. Other discussions are also underway
relating to a licensed sunscreen product ("official Miami Beach sunscreen") and
SoundScape Park. All of these opportunities represent sponsorship funds for the City,
but will require the City's agreement to the proposed terms.
Mr. Sklar introduced Mr. Kyle Cantor from TSG and stated that he wanted to make sure
they were working in the direction of what is expected and discuss any issues or
concerns anyone may have before negotiations get too far along. Mr. Sklar also
provided a copy of the Asset Inventory and Valuation Report from 2009 as a reference
guide.
Mr. Cantor of TSG opened by stating they successfully completed the 7.2 million Coca
Cola deal and they are now looking for relationships that would be lucrative for the City
at South Pointe Park. To date, they feel they are in negotiations with the right partner
(anonymous), a local area business. The discussions began at the naming rights to
South Pointe Park. In the objectives, this anonymous company has listed to support the
City of Miami Beach by enhancing and updating South Pointe Park for many years to
come. In the vision and position, the anonymous company stated they will support the
City of Miami Beach over many years to offer an enjoyable, inclusive and accessible
experience that will strengthen awareness and reinforce the core values of the City of
Miami Beach and that of the brand.
Mr. Sklar asks for Mr. Cantor to go over some of the terms they have discussed with the
Company. Mr. Cantor of TSG stated the discussions are focused on getting 4 million
over 20 years for this agreement which is a hard cash fee with an additional contribution
toward the maintenance of the park. This portion of the details has to be worked out
based off of feedback and negotiations. Chairperson Weithorn stated that this is a very
important detail because if they properly maintain and take some of the maintenance
144
issues from the City, it's a big savings so it needs to be quantifiable, definable and
measureable.
Interim City Manager Kathie Brooks stated that she saw the schedule prepared by TSG
with a rank in terms of value assigned to facilities. She thought the value for South
Pointe Park would have been higher and if Mr. Cantor can give his thoughts on that. Mr.
Cantor explained rankings are based on impressions, major streets and media value.
Interim City Manager Brooks suggested another study be done on the impressions of
South Pointe Park that is more up to date since the last one was done in 2009.
Commissioner Exposito stated that he wants to maintain the tastefulness of the park
when you enter. Mr. Sklar stated that everything that gets done has to go through a
regulatory review and must meet the City Code and our design standards. Chairperson
Weithorn stated concern with the sun tan lotion and that the display of the products
should be tasteful showing. Mr. Cantor clarified there's no intent to add or create events
in the park. Mr. Sklar stated that they want to make sure people experience the park for
the way it was designed and possibly add an educational component that discusses the
parks history and its connection to the ocean. Mayor Bower stated that the deal sounds
too good to be true and that we have to be careful. Commissioner Exposito stated that
he loves the educational piece, but they have to be careful of the signage throughout the
park. Chairperson Weithorn stated that we keep in mind this is an active, not organized
park. Commissioner Exposito asked for clarification if the Pier would be added in the
negotiation of the park. Mr. Cantor stated the Pier is being included in the initial
discussions. Mr. Sklar stated they would come back before the Committee probably at
the September meeting. Chairperson Weithorn stated that it's important that this process
be done right as this is the first one to be considered. Mayor Bower stated we need to
make sure it's clear why we are doing this, if it will be an endowment or trust. Mr. Harold
Rosen asked if the naming rights were bid out. Mr. Sklar stated the contract was bid out
to Superlative and awarded through a competitive process to manage selecting a
company. Mr. Rosen asked will the naming rights be put out to the community as there
are many individuals that would take advantage of this opportunity of having their name
on a City Asset. Mr. Cantor stated the process used to secure these types of projects
was to target the top 50 companies in your corporate community. Naming rights are
almost always sold to a super regional entity as it's a draw for them to support the area
in which they do business. City Attorney Raul Aguila clarified that in order to follow the
code provisions, when the request goes public, it has to go before this committee and be
approved by 5/7 vote or the City Commission for the naming of public facilities.
Chairperson Weithorn suggested bringing this item back to the October meeting in which
everyone agreed. Meeting adjourned.
T:\AGENDA\2012\9-12-12\July 26 2012 FCWP Draft Minutes.docx
145
C7
RESOLUTIONS
(")
.......
COMMISSION ITEM SUMMARY
Condensed Title:
l lution authorizing the City Manager to apply for and accept five (5) grants.
ended Outcomes Supported:
1) Maximize efficient delivery of services; 2) Maintain Miami Beach public areas and rights of way
citywide; 3) Enhance mobility throughout the City; 4) Increase satisfaction with family recreational
activates and enhance learning opportunities for youth; and 5) Promote and celebrate our City's
diversity.
Supporting Data • 2009 Community Survey: 1) The Fire Department has experienced a 9%
increase in the number of pre-hospital care calls for service from 14,796 in 2000 to 16,153 in 2010; 2)
When presented with a list of City services that "the City should strive not to reduce", "landscape
maintenance and beautification" was the fourth highest response; 3) 63.7% of respondents stated that
here were "too few'' bike paths/lanes; 4) and 5) N/A
Issue:
I the City support the following funding requests and execute the related agreements?
Item Summary/Recommendation:
Approval to submit grant applications to: 1) Miami-Dade County Emergency Medical Services in the
approximate amount of $20,000 to improve and expand pre-hospital emergency services; 2) Florida
Highway Beautification Council in the approximate amount of $100,000 for Collins Avenue and $70,000
for Alton Road; 3) Department of Environmental Protection, Recreational Trails Program in the
approximate amount of $75,000 for Middle Beach Recreational Corridor; 4) National Alliance for
Accessible Golf in the approximate amount of $10,000 for the City's Accessible Golf Program; and, 5)
Florida Junior Golf Council in the approximate amount of $10,000 for the Normandy Shores Youth Golf
Clinic; appropriating the above grants, matching funds and City expenses if approved and accepted by
the City, and authorizinQ the execution of all related documents. Adopt the Resolution.
Advisory Board Recommendation: N/A
Financial Information:
Source # Grant Name/ Project Approx. Match Amount/Source
of Grant
funds Amount
uade County EMS/ ... -~.~~0 N/A Iff I ~iro Roc."' oo
2 Florida Highway Beautification $100,000 $100,000 has been requested
Council/Collins Avenue 5th Street in the FY 12/13 budget cycle.
to Lincoln Road project
Florida Highway Beautification $70,000 $70,000 has been requested in
Council Alton Road Irrigation
System from 5th Street to Michigan
the FY 12/13 budget cycle.
Avenue project
3 Dept of Environmental Protection $75,000 $15,000/MBRC Phase II funds
Recreational Trails previously appropriated for
Program/MBRC MBRC Phase II
4 National Alliance for Accessible ·---..
Golf/ Accessible Golf Program
5 Florida Junior Golf $10,000 N/A
Council/Normandy Shores Youth
Golf Clinic
Financial Impact Summary:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance Improvement
Director Assistant City Manager
MIAMI BEACH 146
AGENDA ITEM-=--
DATE ___z.._..uii:--.4""""""'::......
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO SUBMIT GRANT APPLICATIONS TO: 1)
MIAMI-DADE COUNTY EMERGENCY MEDICAL SERVICES FOR FUNDING IN
THE APPROXIMATE AMOUNT OF $20,000 TO IMPROVE AND EXPAND PRE-
HOSPITAL EMERGENCY MEDICAL SERVICES; 2) FLORIDA HIGHWAY
BEAUTIFICATION COUNCIL GRANT PROGRAM AND ENTER INTO A
LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 FOR LANDSCAPING
ON COLLINS AVENUE AND $70,000 FOR LANDSCAPING ON ALTON ROAD; 3)
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RECREATIONAL
TRAILS PROGRAM IN THE APPROXIMATE AMOUNT OF $75,000 FOR THE
MIDDLE BEACH RECREATIONAL CORRIDOR; 4) THE NATIONAL ALLIANCE
FOR ACCESSIBLE GOLF IN THE APPROXIMATE AMOUNT OF $10,000 FOR
THE CITY'S ACCESSIBLE GOLF PROGRAM; AND, 5) FLORIDA JUNIOR GOLF
COUNCIL IN THE APPROXIMATE AMOUNT OF $10,000 FOR THE NORMANDY
SHORES YOUTH GOLF CLINIC; APPROPRIATING THE ABOVE GRANTS,
MATCHING FUNDS AND CITY EXPENSES RELATED TO THE ABOVE
PROJECTS AS NECESSARY, IF APPROVED AND ACCEPTED BY THE CITY,
AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO
THESE APPLICATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Miami-Dade County for Emergency Medical
Services (EMS) grant funds in the approximate amount of $20,000 to improve and
expand pre-hospital emergency services
The Florida Department of Health is authorized by chapter 401, Part II, Florida Statutes to
provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services.
These grants are awarded only to Boards of County Commissioners, but may subsequently
be distributed to municipalities and other agencies involved in the provision of EMS pre-
hospital care. Miami-Dade County makes these funds available to cities within the County.
The funds are derived by the state from surcharges on various traffic violations.
147
Commission Memorandum
Page2
The Administration intends to apply for funding in the approximate amount of $20,000.
Funding may be used for EMS educational materials, materials, supplies, training, training
equipment, technical rescue equipment and reference library materials. This grant does not
require matching funds. The project supports the key intended outcome: maximize efficient
delivery of services.
2. Approval to apply for and accept a Florida Highway Beautification Council Grant and
enter into a Landscape Construction, and Maintenance Memorandum of Agreement
with the Florida Department ofT ransportation for funding in the approximate amount
of $100,000 for landscaping on Collins Avenue and $70,000 for landscaping on
Alton Road
The Florida Highway Beautification Council was created by the 1987 Legislature when it
enacted Section 339.24 and 339.2405, Florida Statutes. This legislation placed the seven-
member Council within the Florida Department of Transportation.
This fiscal year, with assistance from the Florida Highway Beautification Council, the Florida
Department of Transportation will award Highway Beautification grants totaling $1 million.
Individual grants cannot exceed $100,000. These grants may be awarded only for projects
to landscape roads on the State Highway System. Many roadside areas and median strips
within Department of Transportation rights of way must be maintained and attractively
landscaped; and the Administration intends to beautify and improve various rights of way by
landscaping eligible roads in the City. The Administration intends to apply for funding for
Collins Avenue and/or Alton Road.
Applicants are encouraged to submit grant applications for projects supported with equal (50
percent) matching funds or in kind contributions from other sources. Matching funds in the
amount of $70,000 for the Alton Road Irrigation System from 5th Street to Michigan Avenue
project have been requested in the FY 12/13 budget cycle. Matching funds in the amount of
$100,000 for the Collins Avenue 5th Street to Lincoln Road project have been requested in
the FY 12/13 budget cycle. The key intended outcome for this project is: maintain Miami
Beach public areas and rights of way citywide.
3. Approval to submit a grant application to the Florida Department of Environmental
Protection, Recreational Trails Program for funding in the approximate amount of
$75,000 for Middle Beach Recreational Corridor,
Recreational Trail Program is a competitive program which provides grants for projects that
provide, renovate or maintain recreational trails, trailhead and trailside facilities. Florida's
Department of Environmental Protection, Office of Greenways & Trails administers the
program in coordination with the U.S. Department of Transportation, Federal Highway
Administration. The current maximum grant amount for nonmotorized projects is $75,000.
The Administration intends to apply for funding for the Middle Beach Recreational Corridor
Phase II, which is from 46th to 641h Street. This portion of the project is currently in design. If
awarded, these funds will be available from July 2013 through June 2015. This grant
requires a minimum 20% match. Matching funds in the amount of $15,000 are available
from the project budget for Middle Beach Recreational Corridor Phase II project. The key
intended outcome for this project is: enhance mobility throughout the City.
148
Commission Memorandum
Page3
4. Approval to submit an application to The National Alliance for Accessible Golf for
funding in the approximate amount of $10.000.
The National Alliance for Accessible Golf (Alliance) and the United States Golf Association
(USGA) believe that golf should be open to everyone and supports a wide variety of
programs that create opportunities for individuals with disabilities to participate in the sport.
The Alliance and the USGA have formed a grant making partnership to advance
opportunities for individuals with disabilities through the game of golf. This partnership is a
component of the USGA's "For the Good of the Game" Grants Initiative, which has
contributed more than $5 million since 1997 to programs that serve individuals with
disabilities. USGA funds make these grants possible and the Alliance administers the grant.
The Administration plans to partner with the following three organizations to bring this
program to Miami Beach: 1) The University of Florida Center for Autism and Related
Disabilities; 2) Special Olympics; and 3) Veterans Administration. The goal of the program is
to provide an inclusive program with 20 participants with disabilities and 20 participants
without disabilities. The program will take place at Miami Beach Golf Club.
This grant does not require matching funds. This project supports the key intended
outcome: promote and celebrate our City's diversity.
5. Approval to submit an application to Florida Junior Golf Council Funding in the
approximate amount of $10,000 for the Normandy Shores Junior Golf Program
Created in 2002 by the Dade Amateur Golf Association, the Florida Junior Golf Council was
formed for the benefit of Florida's junior golf programs. Through the efforts of golf advocates
throughout the state, the "Golf Capital of the World" license plate was passed into law by the
Florida legislature and the revenue derived from the "golf license plate" is used to assist
organizations in the State that offer instruction and playing opportunities in conjunction with
education.
The mission of the Florida Junior Golf Council is to improve the lives of Florida's youth by
introducing them to the game of golf and the values embodied in the game. The FJGC
places great emphasis on providing affordable golf course access to program participants,
both during scheduled programming and after programming is concluded.
The City was awarded previous funding from the Florida Junior Golf Council for the youth
golf clinic at Normandy Shores Golf Course. The program included three six-week sessions
for 22 youth from low-income backgrounds. The City has continued this program, and this
year, the Administration plans to apply to the Florida Junior Golf Council (FJGC) for funding
in the approximate amount of $10,000 to continue this program.
The grant does not require a cash match; however, the FJGC encourages applicants to
develop a variety of individual, community and private funding sources. This project
supports the key intended outcomes: increase satisfaction with family recreational activities
and enhance learning opportunities for youth.
149
Commission Memorandum
Page 4
CONCLUSION
The Administration requests approval to submit grant applications to: 1) Miami-Dade County
Emergency Medical Services in the approximate amount of $20,000 to improve and expand
pre-hospital emergency services; 2) Florida Highway Beautification Council in the
approximate amount of $100,000 for Collins Avenue and $70,000 for Alton Road; 3) Florida
Department of Environmental Protection, Recreational Trail Program in the approximate
amount of $75,000 for Middle Beach Recreational Corridor; 4) The National Alliance for
Accessible Golf in the approximate amount of $10,000 for the City's Accessible Golf
Program; and, 5) Florida Junior Golf Council in the approximate amount of $10,000 for the
Normandy Shores Youth Golf Clinic; appropriating the above grants, matching funds and
City expenses related to the above projects as necessary, if approved and accepted by the
City, and authorizing the execution of all documents related to these applications.
KGB/JMH
T:\AGENDA\2012\9-12-12\Grants Memo.doc
150
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HER DESIGNEE: 1) TO SUBMIT A GRANT APPLICATION
TO MIAMI-DADE COUNTY EMERGENCY MEDICAL SERVICES FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $20,000 TO IMPROVE AND
EXPAND PRE-HOSPITAL EMERGENCY MEDICAL SERVICES; 2) TO
SUBMIT A GRANT APPLICATION TO FLORIDA HIGHWAY
BEAUTIFICATION COUNCIL GRANT PROGRAM AND ENTER INTO A
LANDSCAPE CONSTRUCTION, AND MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $100,000 FOR
LANDSCAPING ON COLLINS AVENUE AND $70,000 FOR LANDSCAPING
ON ALTON ROAD; 3) TO SUBMIT A GRANT APPLICATION TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, RECREATIONAL
TRAILS PROGRAM IN THE APPROXIMATE AMOUNT OF $75,000 FOR THE
MIDDLE BEACH RECREATIONAL CORRIDOR; 4) TO SUBMIT A GRANT
APPLICATION TO THE NATIONAL ALLIANCE FOR ACCESSIBLE GOLF IN
THE APPROXIMATE AMOUNT OF $10,000 FOR THE CITY'S ACCESSIBLE
GOLF PROGRAM; AND 5) TO SUBMIT A GRANT APPLICATION TO
FLORIDA JUNIOR GOLF COUNCIL IN THE APPROXIMATE AMOUNT OF
$10,000 FOR THE NORMANDY SHORES YOUTH GOLF CLINIC;
APPROPRIATING THE ABOVE GRANTS, MATCHING FUNDS, AND CITY
EXPENSES RELATED TO THE ABOVE PROJECTS AS NECESSARY, IF
APPROVED AND ACCEPTED BY THE CITY, AND AUTHORIZING THE
EXECUTION OF ALL DOCUMENTS RELATED TO THESE APPLICATIONS.
WHEREAS, the Florida Department of Health is authorized by Chapter 401, Part
II, Florida Statutes to provide grants to Boards of County Commissioners for the purpose
of improving and expanding emergency medical services; and
WHEREAS, these grants are awarded only to Boards of County Commissioners,
but may subsequently be distributed to municipalities and other agencies involved in the
provision of EMS pre-hospital care; and
WHEREAS, Miami-Dade County makes these funds available to cities within the
County and the funds are derived by the state from surcharges on various traffic
violations; and
WHEREAS, the Administration intends to apply for funding in the approximate
amount of $20,000 and funds may be used for EMS educational materials, materials,
supplies, training, training equipment, technical rescue equipment, and reference library
materials; and
WHEREAS, this grant does not require matching funds and the project supports
the key intended outcome to maximize efficient delivery of services; and
151
WHEREAS, the Florida Highway Beautification Council was created by the 1987
Legislature when it enacted Sections 339.24 and 339.2405, Florida Statutes, placing a
seven-member Council (Council members are appointed by the Governor) within the
Florida Department of Transportation; and
WHEREAS, this fiscal year, with assistance from the Florida Highway
Beautification Council, the Florida Department of Transportation will award Highway
Beautification grants totaling $1 million, individual grants cannot exceed $100,000; and
WHEREAS, these grants may be awarded only for projects to landscape roads
on the State Highway System, many roadside areas and median strips within
Department of Transportation rights-of-way must be maintained and attractively
landscaped; and the Administration intends to beautify and improve various rights of way
by landscaping eligible roads in the City; and
WHEREAS, the Administration intends to apply for funding for Collins Avenue
and/or Alton Road; and
WHEREAS, applicants are encouraged to submit grant applications for projects
supported with equal (50 percent) matching funds or in kind contributions from other
sources. Design fees up to 10 percent of the grant amount may be considered towards
the applicant's match; and
WHEREAS, matching funds in the amount of $70,000 for the Alton Road
Irrigation System from 5th Street to Michigan Avenue project have been requested in the
City's FY 12/13 budget cycle and matching funds in the amount of $100,000 for the
Collins Avenue 5th Street to Lincoln Road project have been requested in the City's FY
12/13 budget cycle; and
WHEREAS, the key intended outcome for this project is to maintain Miami Beach
public areas and rights of way citywide; and
WHEREAS, the Department of Environmental Protection's Recreational Trail
Program is a competitive program which provides grants for projects that provide,
renovate, or maintain recreational trails, trailhead and trailside facilities; and
WHEREAS, the Florida's Department of Environmental Protection, Office of
Greenways and Trails, administers the program in coordination with the U.S.
Department of Transportation, Federal Highway Administration; and
WHEREAS, the City Administration intends to apply for funding in the amount of
$75,000 for the Middle Beach Recreational Corridor Phase II, which is from 46th to 64th
Street, if awarded, these funds will be available from July 2013 through June 2015; and
WHEREAS, this grant requires a minimum 20% match and matching funds in the
amount of $15,000 are available from the project budget for Middle Beach Recreational
Corridor Phase II project and the key intended outcome for this project is to enhance
mobility throughout the City; and
WHEREAS, the National Alliance for Accessible Golf (Alliance) and the United
States Golf Association (USGA) believe that golf should be open to everyone and
supports a wide variety of programs that create opportunities for individuals with
disabilities to participate in the sport; and
152
WHEREAS, this partnership is a component of the USGA's "For the Good of the
Game" Grants Initiative, which has contributed more than $5 million since 1997 to
programs that serve individuals with disabilities; and
WHEREAS, USGA funds make these grants possible and the Alliance
administers the grant, the Administration plans to partner with the following organizations
to bring this program to Miami Beach: 1) The University of Florida Center for Autism and
Related Disabilities, 2) Special Olympics, and 3) Veterans Administration; and
WHEREAS, the goal of the program is to provide an inclusion model, with 20
participants with disabilities and 20 participants without disabilities and the program will
be held at Miami Beach Golf Club; and
WHEREAS, the Administration intends to apply for funding in the amount of
$10,000 and this grant does not require matching funds and the project supports the key
intended outcome to promote our City's diversity; and
WHEREAS, created in 2002 by the Dade Amateur Golf Association, the Florida
Junior Golf Council was formed for the benefit of Florida's junior golf programs and
through the efforts of golf advocates throughout the state, the "Golf Capital of the World"
license plate was passed into law by the Florida Legislature and revenue from the
license plate is used to assist organizations in the State; and
WHEREAS, the mission of the Florida Junior Golf Council (FJGC) is to improve
the lives of Florida's youth by introducing them to the game of golf and the values
embodied in the game and the FJGC places great emphasis on providing affordable golf
course access to program participants, both during scheduled programming and after
programming is concluded; and
WHEREAS, the City was awarded previous funding from the Florida Junior
Golf Council or the youth golf clinic at Normandy Shores Golf Course and this year plans
to apply for funding in the approximate amount of $10,000 to continue this program; and
WHEREAS, the grant does not require a cash match; however, the FJGC
encourages applicants to develop a variety of individual, community, and private funding
sources and this project supports the key intended outcomes to increase satisfaction
with family recreational activities and enhance learning opportunities for youth.
NOW THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH hereby approve and authorize the City
Manager or her designee to submit applications to: 1) Miami-Dade County Emergency
Medical Services in the approximate amount of $20,000 to improve and expand pre-
hospital emergency services; 2) Florida Highway Beautification Council in the
approximate amount of $100,000 for landscaping on Collins Avenue and $70,000 for
landscaping on Alton Road and to enter into a landscape construction and maintenance
Memorandum of Agreement with Florida Department of Transportation for landscaping
on Collins Avenue and Alton Road; 3) Department of Environmental Protection,
Recreational Trails Program in the approximate amount of $75,000 for Middle Beach
Recreational Corridor; 4) National Alliance for Accessible Golf in the approximate
amount of $10,000 for the City's Accessible Golf Program; and 5) Florida Junior Golf
153
Council in the approximate amount of $10,000 for the Normandy Shores Youth Golf
Clinic; appropriating the above grants, matching funds and City expenses related to the
above projects as necessary, if approved and accepted by the City, and authorizing the
execution of all other necessary documents related to these applications.
PASSED and ADOPTED this ___ day of ___ , 2012
ATTEST:
MAYOR
CITY CLERK
KGB/JMH
T:\AGENDA \2012\9-12-12\Grants Reso.docx
154
THIS PAGE INTENTIONALLY LEFT BLANK
155
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Accepting the
Recommendation of the Interim City Manager Pertaining to the Ranking of Firms, Pursuant to Request for
Qualifications (RFQ) NO. 38-11/12, for Professional Engineering Services to provide, on an "As-Needed" Basis,
Construction Management Support of Right-of-Way Capital Improvement Projects; and Further Authorizing the
Mayor and City Clerk to Execute Agreements upon Conclusion of Successful Negotiations by the Administration
with the Three Top-Ranked Proposers: COM Smith, Inc., Atkins North America, Inc., and AECOM Technical
Services, Inc. as the Primary, Secondary, and Tertiary Firms Respectively; and Should the Administration Be
Unable to Negotiate an Agreement with Any of the Top-Ranked Firms, Authorizing the Administration to Negotiate
with the Fourth-Ranked Firm of PCL/Pirtle, a Joint Venture, as the Tertia Finm.
orted:
rting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey indicated
o of businesses rated recent! com leted capital im rovement ro"ects as "excellent" or" ood."
Issue:
( Shall the Mayor and City Commission Adopt The Resolution?
Item Summa /Recommendation:
The City's Capital Improvement Projects Office (CIP) is in the process of implementing a capital improvement
program with active projects representing approximately $700 million in total value. The majority of this value is
related to Right-of-Way (ROW) Improvement projects. The Construction Manager (CM) shall provide a variety of
management services including, but not limited to: pre-planning, programming, design management, design review,
procurement support, construction management, commissioning, and post-construction support in cooperation with
CIP staff, client departments, architect-engineers, construction contractors and design build firms. Professional
design services are not part of the CM services. All work will be performed based on firm, fixed price task orders
issued, as needed, under the basic contract for services.
On March 21, 2012, the Mayor and City Commission approved the issuance of Request for Qualifications (RFQ)
No. 38-11/12, for professional engineering services on an "as-needed" basis to provide construction management
support of right-of-way capital improvement projects. RFQ No. 38-11/12 was issued on March 26, 2012, with an
opening date of April18, 2012. BidNet issued bid notices to 504 prospective proposers which resulted in the receipt
of eleven (11) proposals.
On August 20, 2012, the Interim City Manager via Letter to Commissi9rr (LTC) No. 216-2012, appointed an
Evaluation Committee. On August 30, 2012, the Committee convened to review and discuss the proposals and
nominated David Martinez as Committee Chair. Based on the scores and rankings of the Committee members,
COM Smith, Inc. was selected as the top-ranked firm after receiving four of the five first-place votes. Atkins North
America, Inc. was second based on the rankings, including a first-place vote. In regards to the third-place firm, both
AECOM Technical Services, Inc. and PCL/Pirtle (JV) were tied in the rankings, however, a tiebreaker based on the
total points scored by the Committee determined that AECOM Technical Services, Inc. as the third-place firm.
Therefore, a motion was made by Saul Gross, seconded by Michael Phang, and voted unanimously in favor by the
Committee, to recommend to the Interim City Manager for the Administration to negotiate agreements with the three
top-ranked firms of COM Smith, Inc., Atkins North America, Inc., and AECOM Technical Services, Inc. as the
primary, secondary, and tertiary firms respectively.
After considering the review and recommendation of the Evaluation Committee, the Interim City Manager exercised
her due diligence and is recommending that the Mayor and the City Commission authorize for the Administration to
negotiate agreements with the three top-ranked firms of COM Smith, Inc., Atkins North America, Inc., and AECOM
Technical Services, Inc. as the primary, secondary, and tertiary firms respectively. In addition, the Interim City
Manager recommends that the Administration negotiate an agreement with PCL/Pirtle, a Joint Venture, as the
firm, in the event ne otlat!ons are unsuccessful with an of the three to -ranked firms.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of I Amount J Account
Funds: ~ N/A I
OBPI Tot ;
Financial Impact Summary: N/A . C1ty Clerk's Off1ce Legislative Trackmg: I Raul Aguila
MIAMI BEACH 156
C78 AGENDA ITEM--::--=.....;_-..__
DATE f-/Jl-/;;L
j
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the Cit ~ Co~ission
Kathie G. Brooks, Interim City Manager /(--
September 12, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
INTERIM CITY MANAGER PERTAINING TO THE RANKING OF FIRMS,
PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 38-11/12, FOR
PROFESSIONAL ENGINEERING SERVICES TO PROVIDE, ON AN "AS-
NEEDED" BASIS, CONSTRUCTION MANAGEMENT SUPPORT OF RIGHT-OF-
WAY CAPITAL IMPROVEMENT PROJECTS; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION
WITH THE THREE TOP-RANKED PROPOSERS: COM SMITH, INC., ATKINS
NORTH AMERICA, INC., AND AECOM TECHNICAL SERVICES, INC. AS THE
PRIMARY, SECONDARY, AND TERTIARY FIRMS RESPECTIVELY; AND
SHOULD THE ADMINISTRATION BE UNABLE TO NEGOTIATE AN
AGREEMENT WITH ANY OF THE TOP-RANKED FIRMS, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH THE FOURTH-RANKED FIRM OF
PCLIPIRTLE, A JOINT VENTURE, AS THE TERTIARY FIRM.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well-maintained infrastructure.
ANALYSIS
The City's Capital Improvement Projects Office (CIP) is in the process of implementing a
capital improvement program with active projects representing approximately $700 million in
total value. The majority of this value is related to Right-of-Way (ROW) Improvement projects.
The ROW portion of the program has been subdivided into several neighborhood projects
located throughout the City that are in various stages of design, bid, award, construction and
post-construction. Some of these ROW projects include City Center Bid Package 9B, Palm &
Hibiscus Islands, Venetian Islands, Bayshore Bid Package A-Central, Bayshore Bid Package
B -Lower North Bay Road, Bayshore Bid Package C -Lake Pancoast, Bayshore Bid
Package 80 -Sunset Islands 3 & 4, Bayshore Bid Package 8E -Sunset Islands 1 & 2 and La
Gorce Bid Package 5.
157
Commission Memorandum -RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capital Improvement Projects
September 12, 2012
Page 2
It is the intent of the Administration to use the RFQ process to select a primary firm to provide
construction management services, on an as-needed-basis, in support of specific ROW capital
improvement projects. The construction projects that may be assigned to the Construction
Manager (CM) will be mostly Task Order Contracts (TOC) from the City's CIP and other City
departments. Also, in the event that the primary firm has a conflict of interest for a particular
task (i.e. when the firm being requested to perform a project task was the engineer of record or
the design criteria professional of the same project), the City may utilize the secondary and/or
tertiary firm. If for any reason, the primary's firm contract is terminated or fails to perform in a
timely matter, the secondary firm will become the primary, and the tertiary firm the secondary
firm.
SCOPE OF SERVICES
The CM shall provide a variety of management services including, but not limited to: pre-
planning, programming, design management, design review, procurement support,
construction management, commissioning, and post-construction support in cooperation with
CIP staff, client departments, architect-engineers, construction contractors and design build
firms. Professional design services are not part of the CM services. All work will be performed
based on firm, fixed price task orders issued, as needed, under the basic contract for services.
CM firms will be encouraged to provide staff certified as construction managers by the
Construction Manager Certification Institute sponsored by the Construction Management
Association of America (CMAA).
The tasks to be performed pursuant to any contract issued as a result of this RFQ include, but
are not limited to, the tasks described in Appendix A. Proposers were advised that tasks to be
performed under a specific task order may vary from those noted and will be determined by
the City on a project-by-project or task-by-task basis.
RFQ PROCESS
On March 21, 2012, the Mayor and City Commission approved the issuance of Request for
Qualifications (RFQ) No. 38-11/12, for professional engineering services on an "as-needed"
basis to provide construction management support of right-of-way capital improvement
projects. RFQ No. 38-11/12 was issued on March 26, 2012, with an opening date of April18,
2012. A pre-qualifications conference to provide information to the proposers submitting a
response was held on April 3, 2012.
BidNet issued bid notices to 504 prospective proposers which resulted in the receipt of the
following eleven (11) proposals:
• AECOM Technical Services, Inc.
• Atkins North America, Inc.
• Bermello Ajamil & Partners, Inc.
• Calvin, Giordano & Associates, Inc.
• COM Smith, Inc.
• CIMA Engineering Corp.
• Corzo Castella Carballo Thompson Salman, P.A. (C3TS)
• Parsons Brinckerhoff, Inc.
158
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an '~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 3
• PCL/Pirtle, a Joint Venture
• Tamayo Engineering, LLC
• URS Corporation
On August 20, 2012, the Interim City Manager via Letter to Commission (LTC) No. 216-2012,
appointed an Evaluation Committee (the "Committee") consisting of the following individuals:
• Mike Alvarez-Infrastructure Division Director, Public Works Department (alternate)
• Maria Cerna -Senior Capital Projects Coordinator, CIP Office
• Elie Fakie -Utilities Supervisor, Public Works Department
• Saul Gross-Resident, Capital Improvements Project Oversight Committee Chairman
• David Martinez-Acting Assistant Director, CIP Office
• Michael Phang -Resident, Associate Dean at the University of Miami College of
Engineering
On August 30, 2012, the Committee convened to review and discuss the proposals and
nominated David Martinez as Committee Chair. In determining the most qualified firms, the
Committee discussed their individual perceptions of each prospective firm's qualifications,
experience, and competence in order to score and rank each accordingly to develop its
recommendation to the Interim City Manager based on the criteria noted in the RFQ below.
Criteria
The experience and qualifications of the professional personnel assigned to the
Project Team as well as their familiarity with this project and a thorough
understanding of the methodology and design approach to be used in this
assi nment.
20 The experience, qualifications and portfolio of the Project Manager, as well as
his/her familiarity with this project and a thorough understanding of the
methodolo and desi n a roach to be used in this assi nment.
10 Past performance based on quality of the Performance Evaluation Surveys and the
Administration's due dilligence based upon reference checks performed of the
Firm s clients.
5 Willingness to meet time and budget requirements as demonstrated by past
erformance, methodolo and a roach
5 Certified minority business enterprise participation. Either the Prime Consultant or
the sub-Consultant team may qualify for proof of certification for minority business
enterprise participation. Accepted minority business enterprise certifications include
the Small Business Administration SBA , State of Florida, or Miami-Dade Count .
5 tion ~~~~~~~~~~~~~~~~~~~~~~~~--------~
5 nt current and ro·ected workloads of the firms
5 The volume of work previously awarded to each firm by the City, with the object of
effecting an equitable distribution of contracts among qualified firms, provided such
distribution does not violate the principle of selection of the most highly qualified
firm.
5 Local Preference -The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a Miami
Beach-based vendor as defined in the Cit 's Local Preference Ordinance.
159
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 4
5 Veterans Preference -The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small
business concern owned and controlled by a veteran(s) or a service-disabled
veteran business enterprise, as defined in the City's Veterans Preference
Ordinance.
The Committee's final scoring was as follows:
Based on the scores and rankings of the Committee members, COM Smith, Inc. was selected
as the top-ranked firm after receiving four of the five first-place votes. Atkins North America,
Inc. was second based on the rankings, including a first-place vote. In regards to the third-
place firm, both AECOM Technical Services, Inc. and PCL/Pirtle (JV) were tied in the rankings,
however, a tiebreaker based on the total points scored by the Committee determined that
AECOM Technical Services, Inc. as the third-place firm. Therefore, a motion was made by
Saul Gross, seconded by Michael Phang, and voted unanimously in favor by the Committee,
to recommend to the Interim City Manager for the Administration to negotiate agreements with
the three top-ranked firms of COM Smith, Inc., Atkins North America, Inc., and AECOM
Technical Services, Inc. as the primary, secondary, and tertiary firms respectively.
COMPANY PROFILES
• CDM Smith, Inc. is a consulting, engineering, construction, and operations firm and
has worked with the City for over 20 years. Several of COM's core services are the
development of comprehensive stormwater and watershed management planning;
stormwater modeling and data collection for urban and rural stormwater management
evaluations; the permitting, design, and construction management of stormwater
management systems, including preparation and review of solicitations, cost
estimating, bid assistance; and the assessment of institutional, regulatory, and financial
needs for stormwater management. Previous construction management projects
include:
o Construction Engineering and Inspection Services for Conway Road Widening,
Orlando, FL
o Construction Engineering and Inspection Services for West Canal Streetscape
160
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 5
and Drainage Improvements, New Smyrna Beach, FL
o Wastewater Collection and Reuse Improvements, Cape Coral, FL
o Water and Wastewater Pump Station Upgrades, Miami Beach, FL (see
Appendix B for the Past Performance Survey)
o Waterworks 2001 Program Pump Station Rehabilitation and Services during
Construction, Fort Lauderdale, FL
• AECOM Technical Services Inc. has over 25 years of construction management
experience in South Florida, 13 years of which serving as a consultant to the City on
various projects. Overall, AECOM has provided construction management and
inspection services for over $500 million in highway, bridge, and drainage construction,
$250 million in building construction, and $300 million in water and wastewater plants
and infrastructure projects. AECOM has also performed several traffic impact and
mobility studies for the City, as well as, environmental impact studies for the Bayshore
and Normandy golf courses. Other projects include:
o CEI Services for SR-5 from Rio Mar Drive to Midway Road -Ft. Pierce, FL
o Doral Canal Bank Stabilization -Doral, FL
o Government Cut Utility 54-inch Force Main Replacement Project-Miami, FL
o South District Wastewater Treatment Plant High Level Disinfection Construction
Engineering and Inspection -Miami, FL
o Wabasso Road (SR 51 0) Resurfacing, Restoration, and Rehabilitation -Vero
Beach, FL
• Atkins North America, Inc. has over 52 years of construction management
experience in South Florida. Atkins has more than 20 certified construction managers
trained to manage all facets of a capital construction project. They are currently
providing resident project representative services for right-of-way improvements to
Neighborhood No. 8, Central Bayshore (Package A), Lower North Bay Road (Package
B), And Lake Pancoast (Package C), in addition to, providing engineering services to
the City on an as-needed basis. Other projects include:
o City of Doral Intersection Stormwater Improvements Survey, Design, and
Construction Phase Services-Doral, FL
o City of Miami Capital Program Support Services -Multiple Projects/Facilities
and JOC Program Management-Miami, FL
o Drainage and Roadway Improvements, NW 116 Way and 138 Street-Medley,
FL
o Kendall Town and Country Site Development and Roadway Widening Design
and Construction Phase Services-Miami, FL
o Miami-Dade County GSA Bicentennial Park Seawall Structural Investigation -
Parcel B -Miami-Dade County, FL
INTERIM CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of the Evaluation Committee, the Interim
City Manager exercised her due diligence and is recommending that the Mayor and the City
Commission authorize for the Administration to negotiate agreements with the three top-
ranked firms of CDM Smith, Inc., Atkins North America, Inc., and AECOM Technical Services,
Inc. as the primary, secondary, and tertiary firms respectively. In addition, the Interim City
Manager recommends that the Administration negotiate an agreement with PCL!Pirtle, a Joint
Venture, as the tertiary firm, in the event negotiations are unsuccessful with any of the three
top-ranked firms.
161
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 6
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accepts the recommendation of the City Manager pertaining to the ranking of
proposals pursuant to Request for Qualifications (RFQ) No. 38-11/12, for professional
engineering services to provide, on an "as-needed" basis, construction management support
of right-of-way capital improvement projects; and further authorizing the Mayor and City Clerk
to execute agreements upon conclusion of successful negotiations by the Administration with
the three top-ranked proposers: COM Smith, Inc., Atkins North America, Inc., and AECOM
Technical Services, Inc. as the primary, secondary, and tertiary firms respectively; and should
the Administration be unable to negotiate an agreement with any of the top-ranked firms,
authorizing the Administration to negotiate with the fourth-ranked firm of PCL/Pirtle, a Joint
Venture, as the tertiary firm.
KGB/JGG/FV/ME
T:\AGENDA\2012\9-12-12\RFQ 38-11-12-Construction Management Services-Memo.doc
162
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 7
APPENDIX A-RFQ SCOPE OF WORK SPECIFIC TASKS
TASK 1-ENGINEERING/PROJECT MANAGEMENT
1.1 PROJECT ADMINISTRATION
1.1 A. General Requirements: The CM shall prepare and administer a Project Control System
to provide information and data essential to effective management for the Construction
Contract as tabulated hereinbefore. The system shall provide the basis for timely managerial
actions. Communication procedures are to be designed to provide a controlled flow of
information to the City decision makers and those responsible for putting decisions into action.
CM shall be tasked with the preparation of concise and useful Action Reports. Elements of the
Project Control System are described in succeeding sections.
1.1 A-1. Communications and Coordination: Establish lines of communication with the City, the
Design Engineer, Contractors, and relevant agencies. Overall project communications and
coordination shall be provided by the CM's Project Manager. The CM shall maintain this
system throughout the life of the Project.
1.1 A-2. Progress Meetings: CM shall participate in briefings and progress meetings relative to
the Project as directed by the City.
1.1 A-3. Design Engineer: Establish channels of communication and coordination with the
Design Engineer, and field office personnel shall be established and maintained. All
construction phase services of the Design Engineer and his/her liaison(s) shall be coordinated
through the CM with the construction Contractors.
1.1 A-4. Utilities: Monitor communications and coordination of the Project Work with work done
by, or for, public or private utility companies, and shall review the Construction Contractors'
compliance with agreements between the City and the utility companies. The CM shall keep
City informed of such transactions.
1.1 A-5. Other Agencies: Maintain communications with and coordinate the progress of the
work with other agencies where the Project Work interfaces with the operations of such other
agencies. The CM shall keep CITY informed of such transactions.
1.1 A-6. Government City Negotiations: Provide the City with the necessary information
required to assist the City and the Design Engineer in negotiating with Contractors and
governmental agencies having jurisdiction over the Project Work.
1.1 A-7. General Project Review: The CM shall conduct a gap analysis to ascertain the effect
of the following on the overall Project and report to the City accordingly. Potential activities
among others to be determined by the City are:
• City procedures, manuals and requirements governing consultants and construction
contracts;
• General Construction Contract provisions and information available to bidders;
• Status of required permits including permits secured, stipulations, or special conditions;
• Insurance requirements;
• Construction Contract breakdown and phasing of work;
163
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an '~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 8
• Federal, State and local City requirements governing the Project;
• Agreements with utilities, as provided by the City
• Agreements with adjacent owners including special restrictions in agreements
1.1 A-8. Pre-Construction Conferences: Attend and assist the City in conducting pre-
construction meetings with the successful Contractors to familiarize them with the following
items:
• The contract requirements and provisions required by Federal, State and local
governmental agencies.
• The interrelationship between the CM, the Design Engineer, the Contractor and his
subcontractors, public and private utilities, other Contractors and the City.
• The Project Control and Scheduling System established by the CM and the City.
• The basis for reporting, preparing and processing progress payments and monitoring
continuous coordination of construction activities.
• The submission of schedules from the Contractors for startup activities.
• City procedures which the Contractors are to follow during the course of the Contract.
• City procedures which the Contractors are to follow during the course of the Contract.
1.1 A-9. Permits and Regulatory Compliance: Assist in the preparation of post construction
permit applications and support the City in obtaining approvals thereof as follows:
• Develop a list of required post-construction permits;
• Maintain liaison with government agencies;
• Prepare and assist in processing post-construction permit applications in conjunction
with City and other City agencies;
• Prepare applications for and assist in the processing of these applications for the City
to obtain Certificates of Occupancy or Certificates of Completion as required;
• Monitor and prepare status reports of all permit applications and identify the impact on
the project schedule;
• Identify and monitor the actions of the CM, the Design Engineer, the City, and other
Agencies and the contractors to obtain the permit approvals.
1.1 B. Scheduling
1.1 B-1. Construction Schedules: Completion of the Project in accordance with approved
construction schedules is a matter of the highest priority. The General Conditions Section of
each Construction Contract Document stresses the importance of schedule adherence and
sets forth criteria to be followed. CM shall provide services as follows:
• Coordinating with Contractor during the planning and scheduling the work, monitoring
and reporting progress, and updating and revising schedules as required.
• Monitoring of the Contractors' compliance with planning and scheduling requirements
set forth in the individual contracts and adherence to the schedules.
• Determining compliance with all scheduling requirements by the Construction
Contractors.
• Developing and updating a "Project Master Schedule" covering all the construction
contracts to reflect the required milestone dates to bring the individual Construction
Contracts as well as the Overall Project to scheduled completions. This "Project Master
164
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 9
Schedule" shall be used to monitor all subsequent Contractor individual CPM Monthly
Updates.
• Reviewing and approve Contractor network diagrams to determine that they have been
prepared in accordance with the requirements set forth in the Construction Contracts;
and that milestone dates established for the overall Project are complied with.
• Reviewing the individual Contractor schedules to determine whether they City
reasonable sequences and durations leading to the completion of the Contract work.
• Providing recommendations to the City when a Construction Contractors' schedule will
be approved or what changes should be requested before approval is granted.
• Preparing and submitting to the City the following reports:
o Schedule Analysis Report. This report shall provide a comparison of scheduled
versus actual activities. This analysis will treat each Construction Contract
separately, listing activities started and/or completed during the report period.
Progress along the critical path for each Construction Contract shall be
described in general terms with specific mention of changes since the previous
report and new or continuing dependencies on other Construction Contracts.
Observed deviations from planned schedules shall be highlighted and
explained. Possible trends which may result in deviations during subsequent
periods shall be summarized. Corrective actions underway shall be related to
each deviation.
o Executive Summary. This monthly report shall be a concise, narrative
comparison of actual versus planned progress for the report period. The
principle of "management by exception" shall highlight deviations from planned
progress, reasons for such delays, alternative remedial actions considered, and
plans for the succeeding month.
o Cash Flow Reports. This report shall be prepared by the CM for displaying the
completed relationship between actual progress and money spent by the
Contractors and the CM, and to provide a forecast of the need for funds
throughout the duration of the Project that shall allow the City to plan its Project
funding.
o Special Interim Reports. This report shall be prepared by the CM to discuss the
impact of events which may have significant effect on the Project, i.e.,
unfavorable events resulting in delays in excess of 30 days or favorable events
which would accelerate Project completion.
• The CM shall advise the City of instances where Construction Contractors fail to satisfy
the Planning and Scheduling requirements of their contracts or to adhere to approved
schedules, and shall suggest initiation of action by the City designed to bring the
Contractor into compliance.
1.1 B-3. Equipment Order and Shop Drawing Schedules: The separate activities pertaining to
Equipment Orders and Shop Drawings shall be extracted from Contractors' Construction
Schedules and printed each month with the current information concerning delivery dates.
Major materials, equipment, and fabricated items shall be listed in the master Equipment
Order and Shop Drawing Schedules. Contractors shall submit time periods for preparation,
reviews and approvals of shop drawings, fabrication, testing and delivery of equipment to the
site. These projected time periods shall be reviewed and compared with the Construction
Schedules. The CM shall recommend actions to be taken to rectify potential delays and shall
submit its recommendations to the City for review and decision.
165
Commission Memorandum -RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 10
The Shop Drawing Schedules, prepared by the Contractors, will include the fabrication and
delivery cycles. Specific activities to be shown on the Shop Drawing Schedules shall include:
• Approval
• Fabrication
• Testing
• Shipping
The Shop Drawing Schedules shall be utilized by the CM to, among other things, adjust the
Master CPM Schedule input as required.
1.1 B-4. Occupancy Schedule: As an adjunct to the Master Schedule, in conjunction with the
City, the CM shall develop a coordinated schedule for acceptances, turnover and occupancy
of each major element and procedures for an orderly transition from construction to
occupancy. Development of the Occupancy Schedule for each construction contract shall
commence upon approval of the initial construction schedules. The schedule shall indicate the
time required for the following:
• Schedule for witness shop and preliminary field tests.
• Schedule for final field testing of equipment processes and systems.
• Acquisition of manuals or bulletins of instructions, troubleshooting manuals,
preventative maintenance manuals and spare parts from the equipment manufacturers.
• Training of the City's representatives by the equipment manufacturer's representatives.
1.2 FINAL COPIES OF SHOP AND WORKING DRAWINGS AND AS-BUILT CONTRACT
DRAWINGS
1.2 A. Final Copies of Shop and Working Drawings: The CM shall obtain from the construction
contractors the final copies of the Shop Drawings and Working Drawings prepared by the
construction contractors in accordance with the requirements of the Construction Contract
Documents.
The CM shall review the final copies prepared and submitted by the construction contractors
for completeness, format, and conformance to the construction contract Documents.
The CM shall determine which drawings require checking to determine whether the drawings
furnished are corrected to show any deviation from the previously approved drawings. The CM
shall check such drawings and advise the construction contractors of the necessary revisions
to be made prior to the submittal of the final copies of the Working Drawings and the Shop
Drawings.
The CM shall prepare CD ROM records of all Final Copy-Working Drawings from the approved
Working Drawings submitted by the Contractors. The CO's of the Final Copy Working
Drawings shall be transmitted to the City by the CM after the microfilming is completed.
The work to be performed under the design contract for services during construction with
regard to shop drawing review and related services are not included in this task.
1.2 B. As-Built Contract Drawings: During the course of the construction contract, the CM shall
166
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 11
mark-up and maintain a file of the contract drawings showing deviations from the work as
approved from the contract Documents.
The CM shall revise the final Contract Drawings, including Supplementary Drawings, to show
the actual construction of all of the features of the work. The CM shall provide CD ROM
records of the As-Built Drawings.
1.3 CONSTRUCTABILITY REVIEW
If required by a Project Task Agreement, the CM shall review plans and other available project
information and prepare a report that documents constructability issues that could potentially
delay or disrupt the completion of the project. The objective of the review is to assure that
contract documents are sufficiently detailed so that the project can be bid rationally and built
without significant contract changes or delays. The CM shall review and comment on any
aspects of the project as related to the construction and constructability, staging, permitting,
site conditions and traffic plans, coordination with and among related agencies, neighborhood
associations.
1.4 BIDDING SERVICES
The CM shall provide services to assist the City and the Design Engineer during the bidding
process for Construction Contracts. If requested by the City, the CM shall provide a thorough
and comparative bid analysis of three (3) low and responsible bidding contractors for each
bidding contract.
TASK 2-GENERAL ADMINISTRATION OF THE CONSTRUCTION PHASE
The CM may be requested to be the representative of the City at the site, and subject to
review by the City or his/her duly authorized representative, shall have the power, in the first
instance, to observe the performance of the work as delineated in the City Construction
Contracts Documents.
The CM shall agree that it will determine that the work conforms to the Construction Contract
Documents. It is the responsibility of the Construction Contractors, and not the responsibility of
the CM, to determine the means and methods of construction.
It shall be the responsibility of the Construction Contractors to accomplish the work in
accordance with pre-established Construction Schedules. The CM, however, shall advise the
City, or his/her duly authorized representative, when a Construction Contractor's progress falls
behind the pre-established and approved Construction Schedule. If required by the City, the
CM shall review the adequacy of the Contractor's personnel and equipment and the availability
of his necessary materials and supplies.
The CM shall submit, for the approval of the City, a table of organization of engineers and
inspectors assigned to the engineering inspection of each Construction Contract, prior to the
start of construction.
The CM shall provide, to the satisfaction of the City, through his/her duly authorized
representative, the Chief, Resident Engineering Inspection Services from the date the CM is
ordered to commence services to the completion of the Construction Contractors' operations
167
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an ·~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 12
and acceptance of the work by the City or for the period of performance indicated herein
whichever comes first. The services to be performed by the CM include but are not necessarily
limited to, the following:
2.1 A. Resident Project Representation (RPR): The CM shall observe the installation of all
facets of the work described in the Construction Contracts Documents for conformance.
The CM shall verify quantities and prepare estimates for payment, including extra or additional
work.
The CM shall obtain from the Contractors original and final cross sections and such other
measurements as are necessary to compile monthly and final estimates, reports and record
plans and maintain a file of this information.
The CM, however, may be required to conduct surveys as authorized in writing by the City
when needed in the Performance of the inspection services. These services may be required
to verify baseline location, re-establish survey monuments and verify disputed surveys, etc.
The CM shall initiate field change order requests as required and maintain time and material
records. The CM shall meet with Construction Contractors to determine necessary
modifications for handling the changed conditions and shall recommend to the City action to
be taken.
The CM shall monitor the coordination of the Contractors' coordination of their work with each
other and with public and private utility companies and others, for the relocation, support,
protection or replacement of existing utilities.
The CM shall provide inspection of and keep complete records on any City authorized extra
work being conducted at the project on a time and material basis.
The CM shall verify the Construction Contractor's payment quantities in writing as
substantiated by signed documents from the Construction Contractors by countersigning
progress and final payment requests submitted by Construction Contractors when and to the
extent approved.
The CM shall prepare draft response correspondence for the City's use to the Construction
Contractors and initiate other draft correspondence, including the City's replies to formal
complaints and disputed items of work.
The CM shall monitor the inventory of all the spare parts required, received, and their place of
storage.
The CM shall verify that the Construction Contractors have obtained all work permits and that
all required controlled inspections are satisfactorily performed with proper records maintained.
The Construction Management (CM) consultant shall provide adequate staffing to perform
RPR services. It is the responsibility of the CM to ensure that all employees conduct field
inspections in conformance with all applicable codes and possess all required licenses and
certifications deemed necessary for the performance of the work under the construction
contract.
2.1 B. Construction Meetings: The CM shall arrange and conduct meetings with the
168
Commission Memorandum -RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 13
Construction Contractors for each Construction Contract. During periods of active
construction, these meetings shall be held monthly or as conditions mandate. Appropriate CM
personnel shall attend these meetings and coordinate follow-up activities with the Design
Engineer and others.
The CM shall conduct these meetings and shall assist in the resolution of disputes, review
work progress and its acceptability, and shall monitor the coordination of construction activities
with adjacent construction sections and agencies having jurisdiction.
Within five (5) working days after the meeting, the CM shall prepare and distribute copies of
the minutes of each job meeting to the City and to each Construction Contractor and other
parties who attended. The CM shall analyze job meeting minutes and recommend solutions to
the City for problems raised or discussed therein.
In addition, the CM shall prepare minutes of all other job related meetings and shall prepare
and distribute the minutes as hereinbefore specified. The CM shall advise all recipients of the
minutes in writing of any final results of the job-related meetings.
2.1 C. Field Progress Reports and Records: The CM shall prepare, maintain and file and
distribute, as appropriate the following reports, correspondence and records for each
Construction Contract from award to final acceptance, payment, and close-out within the
period of performance indicated herein.
The CM shall develop forms required for records and reports and submit same to the City.
The CM shall maintain daily inspection reports on each Construction Contract to indicate
resident inspectors' actions, progress of work, significant occurrences, weather, problems,
description of work, CPM activity number, number of contractor personnel working at activities,
related adjacent work, etc.
Monthly Action Report -The CM shall prepare a monthly action report. Its primary purpose will
be to provide a brief list of items requiring action. Titles of personnel categories directly
responsible for each item shall be noted in the Action Report. Distribution shall be limited to
those Project personnel directly responsible for significant areas of performance. The CM shall
make recommendations on how to alleviate recognized problems.
The CM shall maintain daily records of each force account work or overtime, at other than
normal hours, as back-up for payment for extra charges, if any.
The CM shall maintain the Contract Documents and Record Drawings.
The CM shall maintain records of all correspondence and meetings pertaining to the
Construction Contracts.
The CM shall keep reports including records of materials or equipment delivered to or stored
by the Construction Contractors and eligible for partial payment.
The CM shall maintain records of Contract changes.
The CM shall maintain records pertaining to the prosecution of the Project, particularly of
169
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an '~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 14
delays or lack of Construction Contractor's cooperation.
The CM shall, on short notice, prepare reports as required by the City.
The CM shall prepare extension of time reports and claim rebuttal reports as required by the
City and shall analyze conditions causing delay as submitted by Construction Contractors.
The CM shall maintain a current, completely documented file of all design and field change
orders, all disputed work items including but not limited to alleged extra work, deleted work,
delay and potential claim items and monitor the resolution of these items.
The CM shall maintain a visitors log for personnel not assigned to the CM's field staff.
The above shall form a basic part of the permanent record of the Project and shall cover all of
the important factors affecting job conditions and progress of the work. All reports are to be
kept up to date.
2.1 D. Contractors' Progress Payments: The CM shall secure from each contractor, for review
and approval, a breakdown of his awarded lump-sum price. This breakdown shall be used for
the purpose of establishing partial payments and percentage complete.
As the work advances, the CM shall review the monthly estimates for payment submitted by
the Construction Contractors, including material or equipment delivered or stored at the site
and eligible for partial payment, including the final payment.
Upon approval, the CM shall sign the Construction Contractors' monthly estimates and forward
the necessary copies to the City for processing. The CM shall maintain a complete record of
all processed payment requests and supporting documents.
2.1 E. Change Orders, Contract Modifications: The Construction Manager (CM) shall manage
the change order process to evaluate change order claims. In addition, the CM shall obtain a
fair and reasonable price for those items determined to be bona fide extra-work. For all change
orders the CM shall be required to schedule and attend a pre-collaboration meeting within one
week of identification of change orders in accordance with the provided process flowcharts.
For field condition change orders, a draft scope of work shall be issued within 15 days of
identification schedule. The CM shall attend a collaboration meeting and finalize the scope of
work for field condition change orders and assist in the finalization of the scope of work for
design change orders within 30 days of identification. A cost estimate shall be prepared for
negotiations within 45 days of identification. All change orders negotiations will be completed
within 60 days after identification. Should the contractor be non-responsive or there has not
been a full agreement in cost, the CM shall force the entire change order, force parts of the
change order, or utilize allowances for parts of the change orders as appropriate. For forced or
"Time and Material" change orders, the CM shall continue negotiations if requested by the
contractor to reach a lump sum agreement. For design change orders, the CM shall prepare a
comparative estimate if the contractor is not responsive to the request for proposal
The CM shall receive and log change order requests from the Contractor, as well as request
and log change order quotations directed by the City. The CM shall review all change order
logs for accuracy to ensure that change orders are identified at the correct time and that all
steps are performed in compliance with the guidelines above. The CM shall be responsible for
170
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an '~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 15
notifying the City if any steps in the process are in variance with the standard time for that
step.
The CM shall coordinate the preparation of any revised specifications and/or sketches with the
Design Engineer that are needed to define the scope of the extra work. Until a potential extra
work item is confirmed and executed as a change order or canceled, it is assigned a potential
change order number to facilitate tracking and filing. Using this method, one or more potential
change orders can be subsequently incorporated into individual contract changes. The CM
shall determine entitlement of compensation for all Contractor requested changes for
additional work.
The CM shall verify changes performed on a time-and-material basis using a Daily Extra Work
report each day work is performed. The CM shall also perform a time impact analysis for
Contractor requested time extensions that accompany a change order. The CM shall enter the
duration of the extra work activities associated with the contract change into the CPM
schedule to verify impacts on the critical path. If the change order is too complex such that the
above time frame cannot be reasonably met, the CM shall notify the City at the time of
identification and present a revised timeline. The revised timeline is subject to the approval of
the City. It is important to note that the CM's performance rating shall be based on the
timelines and quality of documentation.
The CM will prepare a detailed change order cost estimate with which to compare and
negotiate the contractor's cost quotation. The CM will then recommend acceptance or
rejection of the terms of the change order to the City and, if accepted, prepare the change
order documents for signature. If there is disputed extra work, the CM will work with the City,
the DE and the Contractor until the disputed items are satisfactorily resolved. If the issues are
not resolved, the CM will then track the items as a potential claim to project completion. The
change order status will be included in the Monthly Status Report.
2.1 F. Testing and Material Samples: The CM shall confirm that samples are submitted
pursuant to the construction contract specifications and are representative for submittal to
selected testing laboratories where required, and shall obtain test results, and recommend
acceptance or non-acceptance of materials to the City based on the laboratory test results for
quality control.
The CM shall verify that all materials delivered to the job site have been certified in the above
manner and as required in the Construction Contracts Documents before being used.
2.1 G. Certifications, Warranties and Guarantees: As soon as practicable, but no later than ten
(1 0) calendar days after a piece of equipment or facility is put into operation, the CM shall
obtain and forward to the City three (3) copies of all Construction Contractors' lists of
manufacturers' installation directions, operating and maintenance manuals, materials
specifications, certifications, warranties and guarantees.
2.1 H. Equipment, Material, Shop, Preliminary and Final Field Tests: The CM shall monitor
equipment, material, shop, preliminary and final field tests. The CM shall also review the
proposed field test procedures submitted by the Contractors, attend and monitor the field tests,
analyze the results and determine acceptability of field tests in conformance with the
Construction Contract Documents.
171
Commission Memorandum -RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 16
2.1 I. Acceptance Inspection: The CM shall inspect the work on the completion of each
Construction Contract and shall prepare complete punch lists detailing omissions or
deficiencies. Upon correction of all omissions and deficiencies, the CM shall report to the City
on the completion of the Project, recommend its acceptance, and approve final payment to the
Construction Contractors.
If, before the final completion of all the work contemplated herein, it shall be deemed
necessary by the City to take over, use, occupy or operate any part of the completed or partly
completed work, the CM shall inspect that part of the work and shall compile punch lists
detailing any and all omissions and deficiencies. The CM shall report to the City upon the
correction of all omissions and deficiencies.
2.1 I (a) Shop and Working Drawings: The CM shall be responsible for monitoring the shop
drawing submittal process to determine if the submittal, review, and approval process will
impact the construction schedule and if necessary suggest and coordinate and facilitate the
implementation of actions to mitigate the impacts. All submittals from the contractors will be
submitted to the Design Engineer ("DE") for approval in accordance with the General
Requirements of the Detailed Specifications. The DE will be responsible for the review and
distribution of all submittals. The CM shall have the following responsibilities in regards to
Shop and Working Drawings:
The CM shall review (along with the DE) the schedule of working drawings prepared and
submitted by the construction contractors in accordance with the General Requirements of the
Detailed Specifications for completeness and to ascertain if the submittal dates support the
overall project schedule.
The CM shall ascertain that key submittal dates from the schedule of working drawings are
incorporated into the baseline CPM schedule.
The CM shall monitor the Contractor's submittal of working drawings and report on a monthly
basis the progress of the submittal process based on the schedule of working drawings as part
of the monthly CPM update process.
The CM shall monitor the DE's review period and report on a monthly basis the average
review period as well as any shop drawings that are outstanding more than 21 days.
The CM shall review the project schedule on a monthly basis and determine the shop
drawings that are required to perform the work scheduled for the next 120 days. The CM shall
ascertain if all required submittals have been submitted and approved. The CM shall prepare a
report of all outstanding shop drawings required.
The CM shall receive a copy of all working drawings submitted by the Contractors to the DE.
The CM shall review the drawings for any field conditions or issues that may affect the
approval of these drawings. The CM shall transmit in writing any comments resulting from this
review to the DE for incorporation into the DE's review of the submittal.
The CM shall assist the DE in enforcement of the working drawing submittal procedures
contained in the General Requirements of the Detailed Specifications. Specifically the CM
shall assist in enforcing provisions dealing with the incomplete submittal packages and
excessive number of re-submittals.
172
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an ·~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 17
The CM shall review all shop drawings returned with comments from the DE to determine if
the comments to the shop drawings will have a potential schedule or cost impact to the
Construction Contracts. The CM shall establish a tracking system for such potential impacts
from working drawing that involves extra work so that it is properly tracked.
2.11 (b) RFI and Design Clarification Processing: The CM shall be responsible for managing
the Requests for Information ("RFI") and Clarification process, managing the flow of
information between the DE and the contractors. Specifically, the CM shall:
The CM shall log and track all Contractor RFI. The CM shall respond to all RFI not requiring
DE interpretation of design intent. The CM will forward a copy of its reply to the DE for
confirmation of the CM's response. The CM shall forward all other RFI requiring interpretation
of design intent to the Design Engineer for its response. The CM will review all RFI responses
for cost or schedule impact, as well as technical accuracy, prior to issuing a response.
The CM shall prepare and track Requests for Clarification ("RFC") to resolve technical
questions identified by the CM team. The CM shall prepare all RFC and forward to the DE for
review and clarification. The CM shall review all RFC responses for cost and schedule impact.
The CM shall receive from the DE all Design Clarifications ("DC") to be issued to the
contractors. The CM shall review all DC for cost or schedule impact, as well as technical
accuracy, prior to issuance to the contractors.
The CM shall establish a tracking system for all potential change orders with number and file
for each RFI, RFC, or DC that involves extra work so that it is properly tracked. The CM shall
also monitor the DE's review period for RFI and RFC and report on a monthly basis average
turnaround times as well as RFI and RFC outstanding for more than 14 days.
TASK 3-PROJECT OPERATION SUPPORT SERVICES
CM may be requested by the City to provide some or all of the following services:
3.1 SUMMARY OF IMPLEMENTATION SCHEDULE DATES
The CM shall review various construction schedules, contract completion dates, details of final
plan of operation and prepare an implementation schedule. Major construction phases and
details of facilities under each construction phase shall be identified with specific dates for
progress. Action required under the plan of operation shall be listed and target dates for each
action start and finish shall be included in the schedule of dates.
3.2 PLAN OF OPERATION
Staffing Plan: The CM shall develop a staffing plan for routine operation, scheduled
maintenance and preventive maintenance including job categories, level of skills required,
staffing needs, staff structure and organization, and staff certification requirements for the
facilities provided under the Construction Contracts listed in the General Scope. This work
shall be accomplished by utilizing the following data:
Review of the Facility Plan: A zero based staffing study of the plant equipment, process and
173
Commission Memorandum -RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 18
operating location. Comparison of staffing levels at other centrally supported plants of similar
size in other locations.
Training Plan: The CM shall develop a training plan for the vendor training, process systems
training, and safety training for the new facilities provided under the Construction Contracts,
including video taping of training sessions and supervisor and manager training as described
herein:
Vendor training shall be provided by the Contractors under the Construction Contracts. The
CM shall coordinate all vendor training. Video taping of training sessions may be performed by
the CM for use in future training.
The CM shall review and update the training documentation at the end of the first year of
operation for use in future training of new personnel.
The CM shall obtain or provide a concise description of the design assumptions, major system
components, and a functional description for each of the systems provided under the
Construction Contracts listed in the General Scope.
Supervisors and Manager training shall be provided by the CM for the complete treatment
systems, including process monitoring and control, emergency response procedures,
supervisory techniques, public relations, employee and Union relations, etc.
Safety Training: The CM may provide training necessary for its staff to monitor, oversee or
otherwise inspect the work shown in the construction contract documents. The City shall
provide any supplemental Environmental Health and Safety policies and procedures which are
unique to the CITY or specific to that particular construction project.
Emergency Operations Program: The CM may develop a program that addresses emergency
operations for the new facilities provided under the Construction Contracts.
Operation and Maintenance (O&M) Manual and Standard Operating Procedures (SOP):
Provide assistance to the City in preparation of the O&M Manuals and SOPs.
Maintenance Management System and GIS Support Services: Assist the City with their
Infrastructure Management Systems (IMS), including the entry inputting of data furnished by
the Contractors and GIS data and features. The CM shall enter input additional data furnished
by the City to develop an operating maintenance management system for items such as
maintenance scheduling, inventory control, GIS support services, etc.
3.3 FIRST YEAR PROJECT PERFORMANCE PERIOD ASSISTANCE
Coordinate and monitor the first-year operation.
• Work with the City staff to initiate the events defined in the Plan of Operation and all
process optimization procedures. Advise the City operations staff in the day-to-day
process control activities that will lead to the establishment of a stabilized cost effective
operation.
174
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an ·~s
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 19
• Provide monthly written progress reports detailing the facility operations and problems
encountered, solutions offered, and actions required of the City or other appropriate
parties for all components.
• Attend public meetings, prepare diagnostic evaluation and reports for problems such
as odor complaints, noise, traffic, etc. and develop remedial short-term and long-term
solutions.
• Conduct evaluation of the instrumentation and control system, provide assistance in
debugging the system and/or modifications of the control logic, etc. to assure reliable
and trouble free operation of the instrumentation and control system.
• Provide Follow-up Training of Operating Personnel with general training, including
classroom instruction and shall incorporate any adjustments in the process resulting
from operational experience.
Updating of Training Material
• Develop updates for the instructional training material for site specific training of on-site
facility personnel.
• Process theory/process control.
• Preventive maintenance/corrective maintenance.
• Mechanical, Electrical, Instrumentation, and HVAC component function and interface.
• Safety.
TASK 4-SUBCONTRACTED EXPERT SERVICES. LIAISON SERVICES AND OTHER
DIRECT COSTS SUBCONTRACTED EXPERT SERVICES
At the direction of the City, the CM may retain with the "Not-to-Exceed Costs" such other
experts or subconsultants as may be required hereunder, in which event the names of the
proposed experts or subconsultants shall be submitted in writing to the City for the City's
approval before employment of such expert subconsultant. The CM shall pay the designated
expert(s)/subconsultant(s) monies commensurate with the professional services rendered by
them.
All experts and subconsultants hired for this Project by the CM shall be fully and completely
informed in writing of all terms and conditions of this Agreement relating either directly or
indirectly to the Services to be performed. The CM shall stipulate in each and every
subcontract with the expert(s)/subconsultant(s) that all Services performed and materials
furnished hereunder shall strictly comply with the requirements of the subcontract as well as
this Agreement. The CM shall furnish the City with copies of all subcontracts with such experts
and subconsultants.
The Consultant shall provide liaison and support personnel for the City on an as-needed and
as-directed basis. Qualifications of submitted personnel shall be consistent with the
supplementary needs of the City. These services will be reimbursed by the City with provisions
for overhead and fee.
Under this Task, the Consultant may provide the following major services including, but not
limited to:
175
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 20
• Providing professional engineering services to assist City In-House Staff on various in-
house projects and providing specialty manpower support when required.
• Identifying and preparing permit applications and approvals for In-House construction
when directed.
• Completing Fixed Assets survey submittals for In-House managed construction
contracts.
• Submitting Color Flow Diagrams and electronic scans of As-built drawings as directed.
• CPM Analysis.
• Providing personnel to support the Change Order Unit when directed.
• Providing personnel support for the Payment Processing Unit when directed.
• Providing personnel support for the Contract Procurement Unit when directed.
• Providing Environmental, Health and Safety Support.
• Providing clerical support.
• Providing special expertise during all phases of construction.
The price and terms for the contract will be negotiated after the City Commission approves
authorization to negotiate and shall be negotiated on an "as-needed" project by project basis.
The proposed contract shall be for a two (2) year term, with two (2) one-year renewal options
at the City's option.
Under this Agreement, activities or tasks will be quoted as a not-to-exceed sum based on the
estimated hours to complete the task. Detailed hourly rates will be negotiated for all personnel
classifications for the firm.
176
Commission Memorandum-RFQ 38-11-12 for Professional Engineering Services to Provide on an "As-
Needed" Basis Construction Management Support of ROW Capita/Improvement Projects
September 12, 2012
Page 21
APPENDIX B -PERFORMANCE EVALUATION SURVEY FOR COM SMITH, INC.
N\IAMI
Point of Contact;
Phon(} and Email:
PERFORMANCE EVALUATION SURVEY
··· Ncr~·~·--------=c"""R"""rTER="IA,-----------~u::c::Nc:=IT~s=C\5RE
to pffiorm scop~ of work {VHl) 10
2 ll.bility to commun!cste effectively and efficiently·
3 : Ability to serdlces within the required i:lmefrarre
4 Quality and ace~;rm::y of •,vork
!!>sMCGS
OemPnl}trat~ ;;uo:::®!O.s
\SOr'tit:Ofl for nfi~ILC)<i.lU~I,t•'
Cz1rMon lr.:~>ml in
Overall Comments:
177
RESOLUTION TO BE SUBMITTED
178
THIS PAGE INTENTIONALLY LEFT BLANK
179
COMMISSION ITEM SUMMARY
Condensed Title: I Reappointment of Abraham Laeser, Esq., as Chief Special Master.
Key Intended Outcome Supported:
Increase resident satisfaction with level of code enforcement.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2012 Community Satisfaction Survey, 61%
of residents thought the City's code enforcement efforts were about right, while 21% felt the City did not do enough to
enforce codes.
Issue:
Shall Abraham Laeser, Esq. be reappointment to serve as Chief Special Master for a term commencing on September
15, 2012 and endin on March 14, 2013?
Item Summa ommendation:
On July 18, 2012, the City Commission was presented with item C?C, which recommended appointment of a new Chief
Special Master. After discussing the matter, a motion was made and accepted unanimously to reconvene the Oversight
Committee for the City Attorney's Office in August to discuss the matter further and to obtain recommendations on how
to improve the Special Master program.
On August 22, 2012, the Oversight Committee for the City Attorney's Office convened relating to the Special Master
program. Upon concluding discussions, a consensus was reached by the parties to reappoint Chief Special Master
Laeser for six months. During these six months, Chief Special Master Laeser and representatives of the City Attorney's
Office and the Administration will meet, as needed, to discuss improvements to the overall management process of the
Special Master program.
The attached two Resolutions provide for the reappointment by the City Commission of Abraham Laeser, Esq., as Chief
Special Master. The first Resolution appoints Mr. Laeser as Chief Special Master for Code Enforcement violations
under Chapter 30 of the City Code; the second Resolution appoints Mr. Laeser to hear appeals from citations and
violations or denials, suspensions, and revocations of local business taxes and certificates of use pursuant to Chapter
102 of the Miami Beach City Code.
Mr. Laeser brings to the City and the Special Master program 36 years of experience as an Assistant State Attorney,
where he served as Senior Trial Counsel until he retired in April2009. Mr. Laeser is a long time resident of Miami Beach,
and is active in the community. Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master.
The Administration recommends approving the Resolutions.
Board Recommendation:
rsight Committee for the City Attorney's Office (August 22, 2012) -consensus was reached by the parties to
oint ChiefS ecial Master Laeser for six months.
Financial Information:
Source of
Funds: />."If 1
OBPI Total
Amount
$250.00/hour-Maximum of $1 ,250 per
hearing. Estimated for remainder of FY
11/12-$5,000.
$5,000
Account
011-0210-000312
011-0210-000312
Financial Impact Summary: The funding for FY 12/13 will be requested during the FY 12/13 Budget Process.
Clerk's
I E. Granado, City Clerk
MIAMI BEACH 180
KGB
nager
AGENDA ITEM-,...-:-:--:-::::--
OA TE _...L::::L!~LS,"'--
f9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G: Bro~ks, lnteru·.~/~i . Man. ager
Jose Sm1th, City Attorn · . ;\
September 12, 2012 ~ ~; ~// . DATE:
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE CITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ABRAHAM
LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON SEPTEMBER 15, 2012 AND ENDING ON MARCH 14, 2013;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER LAESER SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON-CRIMINAL PENAL TIES AGAINST VIOLATORS OF THE CITY
AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL
MASTER APPOINTED PURSUANT TO RESOLUTION NO. ,
AS THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE
CITY CODE; SAID DESIGNATION COMMENCING WITH LAESER'S TERM AS
CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012 AND ENDING ON
MARCH 14, 2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On July 18, 2012, the City Commission was presented with item C7C, which recommended
appointment of a new Chief Special Master. The item was separated by Mayor Bower and
Commissioners Michael Gongora and Deede Weithorn. After discussing the matter, a motion
181
was made by Commissioner Gongora to reconvene the Oversight Committee for the City
Attorney's Office in August to discuss this matter further and to obtain recommendations on how
to improve the Special Master Program; the motion was seconded by Commissioner Tobin; and
approved 7-0.
On August 22, 2012, the Oversight Committee for the City Attorney's Office convened relating to
the Special Master program. Mayor Matti Herrera Bower, Vice-Mayor Jorge R. Exposito and
Commissioners Michael Gongora, Edward L. Tobin and Deede Weithorn were present.
Representing the City Attorney's Office were Jose Smith, City Attorney, Aleksandr Boksner,
Senior Assistant City Attorney, Rhonda Montoya Hasan, First Assistant City Attorney and
Steven H. Rothstein, First Assistant City Attorney. Representing the Special Master program
were Abe Laeser, Chief Special Master and Special Masters Joe Kaplan and Babak Movahedi.
Representing the Administration were Kathie G. Brooks, Interim City Manager, Jorge Gomez,
Assistant City Manager and Rafael E. Granado, City Clerk. Discussion was had regarding:
complaints made against Chief Special Master Laeser and Special Masters Kaplan and
Movahedi, disagreements in the interpretation of Chapter 162 of the Florida Statutes, Chapter
30 of the City Code, Statute of Limitations, discovery, ordering inspections, equitable estoppel
and due process.
Upon concluding discussions, a consensus was reached by the parties to reappoint Chief
Special Master Laeser for six months. During these six months, Chief Special Master Laeser
and representatives of the City Attorney Attorney's Office and the Administration will meet, as
needed, to discuss improvements to the overall management process of the Special Master
program, including staffing levels, judicial demeanor, ensuring consistency in the rulings of
cases with similar fact patterns and legal principles that if misapplied would subject the City to
potential liability.
On the determination of City Attorney Jose Smith that Abraham Laeser, Esq. possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Abraham Laeser, Esq. as Chief Special Master.
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Laeser. The first Resolution reappoints Mr. Laeser as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Mr. Laeser to hear appeals from citations and violations or denials, suspensions, and
revocations of business tax receipts, certificates of use and permits pursuant to Chapter 102 of
the City Code. Language has been added to the Resolutions prohibiting the Chief Special
Master and each Special Master from engaging in practice where he/she represents a client in a
manner adverse to the interests of the City of Miami Beach, and from lobbying the City during
his/her service with the City.
Mr. Laeser brings to the City of Miami Beach and the Special Master Program 36 years of
experience as an Assistant State Attorney, where he served as Senior Trial Counsel until he
retired in April 2009. Mr. Laeser is a long time resident of Miami Beach, and is active in the
community. He served the City with distinction as a member of the Miami Beach Charter Review
Committee.
In 1999, Mr. Laeser received the William S. Scurr Award for career dedication to prosecution. In
1996, he received the Eugene Berry Award for Exemplary Career Service, and in 1996 and
2003, he received the Distinguished Faculty Award. Since 1997, Mr. Laeser has been an
Adjunct Professor in Trial Advocacy at the University of Miami.
182
CONCLUSION:
Mr. Laeser has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will serve this City with honor and distinction, and his appointment will best serve the
interests of the City. As such, the subject Resolutions should be adopted.
KGB/JS/reg
T:\AGENDA\2012\9-12-12\CHIEF SPECIAL MASTER MEMO.doc
183
RESOLUTION NO.-------
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30-36 OF THE CODE OF THE
CITY OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF
ABRAHAM LAESER, ESQ., TO SERVE AS CHIEF SPECIAL MASTER,
FOR A TERM COMMENCING ON SEPTEMBER 15, 2012 AND ENDING
ON MARCH 14, 2013; PROVIDED FURTHER THAT CHIEF SPECIAL
MASTER LAESER SHALL BE AUTHORIZED TO HOLD HEARINGS
AND IMPOSE FINES, LIENS AND OTHER NON-CRIMINAL
PENAL TIES AGAINST VIOLATORS OF THE CITY AND COUNTY
CODES AND ORDINANCES, AND SHALL ALSO BE AUTHORIZED TO
APPOINT SUCH OTHER SPECIAL MASTERS AS MAY REASONABLY
BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS; AND
FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30-37 AND 30-38 THEREOF, CONCERNING
THE COMPENSATION AND DUTIES OF THE CHIEF SPECIAL
MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters are authorized to hold
hearings and impose fines, liens and other non-criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointment of Abraham
Laeser, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on September 15, 2012, and ending on March 14, 2013; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
184
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Abraham Laeser, Esq., to serve as Chief Special Master, for a term commencing on
September 15, 2012 and ending on March 14, 2013; provided further that, as Chief
Special Master, Mr. Laeser shall be authorized to hold hearings and impose fines, liens
and other non-criminal penalties against violators of City and County Codes and
Ordinances, and shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct the subject hearings; and further incorporating all
other matters set forth within Chapter 30 of the City Code including, without limitation,
Sections 30-37 and 30-38 thereof, concerning the compensation of the Chief Special
Master.
PASSED and ADOPTED this 1ih day of September 2012.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
MATTI HERRERA BOWER,
MAYOR
T:\AGENDA\2012\9-12-12\Chief Special Master Resolution Chapter 30.doc
185
RESOLUTION NO.-------
A RESOLUTION APPROVING AND APPOINTING, PURSUANT TO SECTION
102-356 OF THE CITY CODE, ABRAHAM LAESER, ESQ. (CHIEF SPECIAL
MASTER APPOINTED PURSUANT TO RESOLUTION NO. ), AS
THE CITY MANAGER'S "DESIGNEE" UNDER SECTION 102-356 OF THE
CITY CODE; SAID DESIGNATION COMMENCING WITH MR. LAESER'S
TERM AS CHIEF SPECIAL MASTER ON SEPTEMBER 15, 2012 AND ENDING
ON MARCH 14, 2013.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its regular meeting on September 12, 2012, the Mayor and City
Commission adopted Resolution No. , appointing Abraham Laeser, Esq., as
Chief Special Master, for a term commencing on September 15, 2012 and ending on March 14,
2013; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of business tax receipts, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Laeser to serve as
the City Manager's "designee," for a six (6) month term commencing on September 15, 2012,
and ending on March 14, 2013; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), shall be prohibited from engaging in practice where he/she
represents a client in a manner adverse to the interests of the City of Miami Beach, and shall
further be prohibited from lobbying the City during his/her service with the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and appoint, pursuant to Section 102-356 of the City Code,
Abraham Laeser, Esq., (Chief Special Master appointed pursuant to Resolution No.
--:--:----'' as the City Manager's "designee" under Section 1 02-356 of the City Code;
said designation commencing with Mr. Laeser's term as Chief Special Master on September 15,
2012 and ending on March 14, 2013.
PASSED and ADOPTED this 12th day of September 2012.
ATTEST:
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\201219-12-12\Chief Special Master Resolution Chapter 1 02_doc
MATTI HERRERA BOWER,
MAYOR
186
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'""'\
Date
THIS PAGE INTENTIONALLY LEFT BLANK
187
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Urging The Florida Building
Commission To Adopt An Amendment To The Florida Building Code Giving All Municipalities The Authority To Waive
The Mandated Double Permit Fee For Work Performed Without A Permit, Subject To The Building Official's
Discretion Where Equitable Circumstances Are Presented,
Key Intended Outcome Supported:
Improve Building Development Process.
Supporting Data (Surveys, Environmental Scan, etc.): In the 2012 Community Satisfaction survey, which
covered the period of 2009 through February 2012, 47% of businesses described their experience with the Building
Department as positive, and 58% gave a positive evaluation of the department for overall satisfaction. 54% of
businesses perceived the Building Department as being open to hearing their concerns. 50% of businesses thought
the Building Department's inspections were consistent over time or believed that the inspections were fair. Seven in
ten businesses rated Building Department employees as courteous and professional and the same percentage
thouQht employees had proper traininQ and knowledQe.
Issue:
Shall the Mayor and City Commission approve the resolution urging the Florida Building Commission to amend the
Florida Building Code to give municipalities the authority to waive mandated double permit fees for work without a
permit, subject to the Building Official's discretion where equitable circumstances are presented?
Item Summary/Recommendation:
The Florida Building Code Sec. 108.4 currently states that where any work is commenced before obtaining a building
permit, there shall be an assessment of a penalty of 100 percent of the usual permit fee in addition to the required
permit fees. Since the Florida Building Code is the mandated state building code, municipalities are prohibited from
amending the Code. A variation of a mandatory provision of the Code would require an amendment of the Code. In
order for the City to encourage property owners to come forward on their own (before a building violation is issued) to
obtain an after-the-fact permit, the Land Use and Development Committee recommended that the City Commission
adopt a resolution urging the Florida Building Commission to amend the Code giving municipalities some discretion
on the mandatory penalty in certain equitable circumstances to encourage compliance. Members of the Land Use
and Development Committee noted that the cost associated with the penalties of the double fee were sometimes
cost prohibitive to owners of single family residences as well as small commercial properties.
Adviso Board Recommendation:
At its July 25, 2012 meeting, the Land Use and Development Committee recommended that the City
Commission urge the Florida Building Commission to amend the Florida Building Code to give municipalities the
authori to waive mandated double ermlt fees for work without a ·t
Financial Information·
Source of Amount
Funds: 1
t ! 2
OBPI Total
I iallmpact Summary:
rk's Offic
n Scott, Building Director
Si n-Offs:
Department Director
T:\AGENDA\2012\9-12-12\Double Fee Comm
MIAMI BEACH 188
Account
nager
AGENDA ITEM~£:---..:.........:::........._
DATE__:.~:;;.....£~-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager / ~
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA BUILDING
COMMISSION TO ADOPT AN AMENDMENT TO THE FLORIDA BUILDING
CODE GIVING ALL MUNICIPALITIES THE AUTHORITY TO WAIVE THE
MANDATED DOUBLE PERMIT FEE FOR WORK PERFORMED WITHOUT A
PERMIT, SUBJECT TO THE BUILDING OFFICIAL'S DISCRETION WHERE
EQUITABLE CIRCUMSTANCES ARE PRESENTED.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
The Florida Building Code Sec. 108.4 currently states that where any work is commenced before
obtaining a building permit, there shall be an assessment of a penalty of 100 percent of the usual
permit fee in addition to the required permit fees. Since the Florida Building Code is the mandated
state building code, municipalities are prohibited from amending the Code. A variation of a
mandatory provision of the Code would require an amendment of the Code. In order for the City to
encourage property owners to come forward on their own (before a building violation is issued) to
obtain an after-the-fact permit, the Land Use and Development Committee recommended that the
City Commission adopt a resolution urging the Florida Building Commission to amend the Code
giving municipalities some discretion on the mandatory penalty in certain equitable circumstances to
encourage compliance. Members of the Land Use and Development Committee noted that the cost
associated with the penalties of the double fee were sometimes cost prohibitive to owners of single
family residences as well as small commercial properties.
CONCLUSION
Adopt the Resolution.
T:\AGENDA\2012\9-12-12\Double Fee Commission memo.doc
189
RESOLUTION NO.------
A RESOLUTION OF THE MAYOR AND THE CITY
COMMISSION OF OF MIAMI BEACH,
URGING FLORIDA BUILDING COMMISSION
ADOPT AN AMENDl\1ENT TO THE FLORIDA BUILDING
CODE GIVING MUNICIPALITIES AUTHORITY
TO WAIVE THE MANDATED DOUBLE PERMIT FOR
WORK PERFORMED WITHOUT A PERMIT, SUBJECT TO
THE BUILDING OFFICIAL'S WHERE
EQUITABLE CIRCUMSTANCES ARE PRESENTED.
WHEREAS, the mandated double permit fee for work performed without a permit can be
too punitive and a hardship for single family residences as well as large projects, where work has
been performed through advertent mistake or discovered by innocent purchasers of property; and
WHEREAS, the City wishes to encourage property owners to come forward and voluntarily
request after-the-fact permits and to encourage compliance with the Florida Building Code; and
WHEREAS, in certain equitable circumstances, determined on a case-by-case basis, it is in
the best interest of the local municipality to waive the double fee in order to encourage compliance;
and
WHEREAS, accordingly, the Mayor and City Commission would recommend and urge that
the Florida Building Commission adopt an amendment to the Florida Building Code giving all
municipalities the authority to waive the mandated double permit fee for work performed without a
permit, subject to the Building Official's discretion where equitable circumstances are presented.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Building Commission to adopt an amendment to the Florida
Building Code giving all municipalities the authority to waive the mandated double permit fee for
work performed without a permit, subject to the Building Official's discretion where equitable
circumstances are presented.
PASSED and ADOPTED this ---~day of __ ~ 2012.
MAYOR
ATTEST:
CITY CLERK
190
APPROVED AS TO
FORM & LANGUAGE
FOB TION
THIS
191
COMMISSION ITEM SUMMARY
Condensed Title:
Approving a settlement for $13,500 in exchange for a release of a City lien on property
owned by AB International Holdings LLC, located at 850 w 401h street, Miami Beach, Florida,
in the original amount of $29,400, and further authorizing the City Manager to take such
action and execute any and all necessary documents to complete such release of lien and
settlement.
Ke Intended Outcome Su orted:
Increase resident's satisfaction with level of Building Enforcement.
(Surveys, Environmental Scan, etc.): 61% of residents are satisfied with fairness and
consistenc of enforcement of codes and ordinances.
Issue:
Shall the Mayor and City Commission approve Resolutions approving this Settlement
A reement?
Item Summary/Recommendation:
On November 8, 2008, a Notice of Violation for installing a non-load bearing partition wall in the
common elements of the condominium without a permit was issued to the property owner, AB
International Holdings LLC. On January 27, 2011 a Special Master's hearing was held to stop
the fines and set a progress report for August 25, 2011. The violation was cured and the Affidavit
of Compliance was filed on May 19, 2011.
Once the Property was in compliance, the Property Owner filed a request for mitigation. At the
mitigation hearing, Special Master Kaplan reduced the fine from $181,168.96 to $29,400, if and
only if the fines were paid by February 8, 2012. The Property Owner prior to the due date filed a
Motion for Enlargement of Time to pay the fine or in the alternative to adjust the fine based on an
error in the calculation of the fine (the "Motion".) The Property Owner cited "economic hardship"
and "negative cash flow" as the basis for the Motion. According to the Property Owner's
calculation, the daily fine should have run from October, 2010 through January 27, 2011 (90 days
at $150.00 per day for a total of $13,500.) This motion was denied and the Property Owner filed
an appeal.
As a result of the Special Master's Ruling members of the Finance Department, as well as a
representative from the City Attorney's Office, met with the Property Owner and its counsel to
discuss settling the Appeal and the underlying lien. The parties agree that it is in everyone best
interest to avoid the expense, delay and uncertainty of the appellate process, and further agree
that it is in their respective best interest to resolve the Appeal in the amount of $13,500.
Adviso~ Board Recommendation:
Financial Information:
Sourceof I ~~o-u-nt--~1-A_c_c_o_u_nt--------------------------------~
Funds: I I I L---~--------~--------------------------------------~ Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department
tor
GPE PO
MIAMI BEACH 192
AGENDA ITEM ----:::---_E __
DATE tf-/2~/k
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12,2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SETTLEMENT FOR $13,500 IN EXCHANGE FOR A RELEASE OF A
CITY LIEN ON PROPERTY OWNED BY AB INTERNATIONAL
HOLDINGS LLC, LOCATED AT 850 W 40TH STREET, MIAMI
BEACH, FLORIDA, IN THE ORIGINAL AMOUNT OF $29,400, AND
FURTHER AUTHORIZING THE CITY MANAGER TO TAKE SUCH
ACTION AND EXECUTE ANY AND ALL NECESSARY
DOCUMENTS TO COMPLETE SUCH RELEASE OF LIEN AND
SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
On November 8, 2008, a Notice of Violation for installing a non-load bearing partition wall
in the common elements of the condominium without a permit was issued to the property
owner, AB International Holdings LLC (the "Property Owner") in violation of Miami Beach
City Code Chapter 14, sections 14-31 and 14-33.
The Property Owner began the Special Master Process and contended that it did not
receive proper notice of the initial hearing and consequently was not aware that a fine was
accruing and that a lien had been recorded against the Property. On October 6, 2010, the
Property Owner filed a request to stop fines. The hearing was scheduled for January 27,
2011.
At the January 2ih hearing, the Special Master stopped the fines and scheduled a
progress report for August 25, 2011. However, the Order did not reflect that the fines had
stopped and the fines continued to accrue. Prior to the progress report hearing, the
Property Owner obtained the permits, and removed the non-load bearing partition wall.
The violation was cured and the Affidavit of Compliance was filed on May 19, 2011.
193
Once the Property was in compliance, the Property Owner timely filed a request for
mitigation. At the mitigation hearing, Special Master Kaplan reduced the fine from
$181,168.96 to $29,400, if and only if the fines were paid by February 8, 2012.
The Property Owner prior to the due date filed a Motion for Enlargement of Time to pay the
fine or in the alternative to adjust the fine based on an error in the calculation of the fine
(the "Motion".) The Property Owner cited "economic hardship" and "negative cash flow" as
the basis for the Motion. According to the Property Owner's calculation, the daily fine
should have run from October, 2010 through January 27, 2011 (90 days at $150.00 per
day for a total of $13,500.)
On April 26, 2012, Special Master Kaplan heard the Motion, and after hearing testimony
from the Property Owner, agreed that there was an error in the reduction of the fine to
$29,400, afforded the Property Owner until January 31, 2013 to make this payment, but
refused to reduce the fine to $13,500, as he considered such request to be a "re-hearing"
rather than a request for Relief from Order.
The Property Owner timely filed an Appeal to the Appellate Division of the Circuit Court in
and for Miami-Dade County, Florida (the "Appeal") to challenge the Order dated April26,
2012.
As a result of the Special Master's Ruling members of the Finance Department, as well as
a representative from the City Attorney's Office, met with the Property Owner and its
counsel to discuss settling the Appeal and the underlying lien. The parties agree that it is
in everyone best interest to avoid the expense, delay and uncertainty of the appellate
process, and further agree that it is in their respective best interest to resolve the Appeal in
the amount of $13,500.
As a result of the above mentioned resolution the City's lien recorded in Official Records
Book 26712 at Page 1666 in the Public Records of Miami-Dade County, Florida is hereby
settled in the amount of $13,500, receipt of which is hereby acknowledged.
The Property Owner warrants that the Property is in compliance with City codes.
The Appeal styled AB International Holdings LLC v. City of Miami Beach pending in the
Appellate Division of the Circuit Court in the Eleventh Judicial Circuit in and for Miami-Dade
County, Case Number: No. 12-234 AP; shall be dismissed forthwith, with the parties to
bear their respective attorneys' fees and costs.
The Clerk of the Special Master is hereby authorized to satisfy the above reference lien.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the City Manager to execute any and all documents
necessary to complete such partial lien release and settlement.
850 w 40th st commission memo 2
194
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A
SETTLEMENT FOR $13,500 IN EXCHANGE FOR A RELEASE
OF A CITY LIEN ON PROPERTY OWNED BY AB
INTERNATIONAL HOLDINGS LLC, LOCATED AT 850 W 40TH
STREET, MIAMI BEACH, FLORIDA, IN THE ORIGINAL AMOUNT
OF $29,400, AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND
ALL NECESSARY DOCUMENTS TO COMPLETE SUCH
RELEASE OF LIEN AND SETTLEMENT.
WHEREAS, a property owned by AB International Holdings LLC (the
"Property Owner") located at 850 West 40 1h Street, Miami Beach, Florida (the
"Property") has accumulated fines, in the amount of $29,400; and
WHEREAS, the Property has an outstanding lien for the installation of a
non-load bearing partition wall in the common area without a permit; and
WHEREAS, upon discovering that a lien had been recorded against the
Property, the Property Owner diligently obtained a Permit and corrected the
violation by removing the non-load bearing partition wall in the common area;
and
WHEREAS, a Petition for Writ of Certiorari has been filed by the Property
Owner to challenge the Special Master's Mitigation Order rendered on April 26,
2012;and
WHEREAS, in review of the history and nature of the violation and the
calculation of the fine, the amount of the fine accumulated exceeds the
appropriate penalty; and
WHEREAS, the payment of $29,400 would be a financial burden on the
economic stability of the Property Owner; and
WHEREAS, in light of the extenuating circumstances, the Administration
recommends that the City Commission approve a $13,500 settlement amount for
the Property as a penalty more in keeping with the nature of the violation.
195
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission hereby approve a settlement for $13,500 in
exchange for a release of a City lien on property owned by AB International
Holdings LLC, located at 850 W 40th Street, Miami Beach, Florida, in the original
amount of $29,400, and further authorizing the City Manager to take such action
and execute any and all necessary documents to complete such lien release and
settlement.
PASSED and ADOPTED this __ day of September, 2012.
MAYOR
ATTEST:
CITY CLERK
196
SETTLEMENT AND RELEASE OF LIEN AUTHORIZATION
PROPERTY ADDRESS:
PROPERTY OWNER:
CASE NUMBER:
NATURE OF LIEN:
LIEN AMOUNT:
LEGAL DESCRIPTION:
850 W 40th Street, Miami Beach, Florida
AB International Holdings LLC
JB08000381
Building Violation
$29,400, if paid on or before January 31, 2013
Folio Number: 02-322-032-0010. Said property being
known as 850 W 40 Street, Miami Beach, Florida:
GILLER APARTMENTS CONDO UNIT 850 UNDIV
37.5% INT IN COMMON ELEMENTS OFF REC
25226-1557.
Pursuant to the authority vested in the City Charter section 4.02 and section 30.74(h) of
the Code of the City of Miami Beach, Florida to enter into a Settlement Agreement for a
lien against property filed by the City of Miami Beach, this Settlement Agreement is
entered into with AB International Holdings LLC, the property owner at 850 W 40TH
Street, Miami Beach, Florida, to settle and provide for the release of the lien as
indicated herein.
The City Clerk of the City of Miami Beach is hereby directed and authorized to release
the lien associated with the above referenced case number, which is imposed upon the
real property located at 850 W 40th Street, Miami Beach, Florida, pursuant to conditions
herein and as described herein.
Description of Violation:
On November 8, 2008, a Notice of Violation for installing a non-load bearing partition
wall in the common elements of the condominium without a permit was issued to the
property owner, AB International Holdings LLC (the "Property Owner") in violation of
Miami Beach City Code Chapter 14, sections 14-31 and 14-33.
Special Master Hearings:
The Property Owner contended that it did not receive proper notice of the initial hearing
and consequently was not aware that a fine was accruing and that a lien had been
recorded against the Property. Upon discovering that a daily fine was accruing and a
lien had been recorded against the Property, the Property Owner filed a request to stop
fines. The request to stop fines is dated October 6, 2010 and the Clerk of the Special
197
Master scheduled the hearing for January 27, 2011. At the hearing on January 27,
2011, the Special Master scheduled a progress report for August 25, 2011. Implicit in
the Special Master's ruling was that the fines should have stopped. However, the fines
did not stop and continued to accrue. The Property Owner diligently obtained the
permits, and removed the non-load bearing partition waiL The violation was cured prior
to the progress report hearing. The Affidavit of Compliance was filed on May 19, 2011.
Once the Property was in compliance, the Property Owner timely filed a request for
mitigation. At the mitigation hearing, Special Master Kaplan reduced the fine from
$181,168.96 to $29,400, if and only if the fines were paid by February 8, 2012.
The Property Owner prior to the due date filed a Motion for Enlargement of Time to pay
the fine or in the alternative to adjust the fine based on an error in the calculation of the
fine (the "Motion".) The Property OWner cited "economic hardship" and "negative cash
flow" as the basis for the Motion. According to the Property Owner's calculation, the
daily fine should have run from October, 2010 through January 27, 2011 (90 days at
$150.00 per day for a total of $13,500.)
On April 26, 2012, Special Master Kaplan heard the Motion, and after hearing testimony
from the Property Owner, agreed that there was an error in the reduction of the fine to
$24,900, afforded the Property Owner until January 31, 2013 to make this payment, but
refused to reduce the fine to $13,500, as he considered such request to be a "re-
hearing" rather than a request for Relief from Order.
The Property Owner timely filed an Appeal to the Appellate Division of the Circuit Court
in and for Miami-Dade County, Florida (the "Appeal") to challenge the Order dated April
26, 2012.
Settlement Negotiations:
Members of the Finance Department, as well as a representative from the City
Attorney's Office, met with the Property Owner and its counsel to discuss settling the
Appeal and the underlying lien. The parties agree that it is in everyone best interest to
avoid the expense, delay and uncertainty of the appellate process, and further agree
that it is in their respective best interest to resolve the Appeal in the amount of $13,500.
Conditions of Settlement:
The City's lien recorded in Official Records Book 26712 at Page 1666 in the Public
Records of Miami-Dade County, Florida is hereby settled in the amount of $13,500,
receipt of which is hereby acknowledged.
The Property Owner warrants that the Property is in compliance with City codes.
2
198
The Appeal styled AB International Holdings LLC v. City of Miami Beach pending in the
Appellate Division of the Circuit Court in the Eleventh Judicial Circuit in and for Miami-
Dade County, Case Number:
No. 12-234 AP;
shall be dismissed forthwith, with the parties to bear their respective attorneys' fees and
costs.
The Clerk of the Special Master is hereby authorized to satisfy the above reference lien.
Kathie G. Brooks,
Interim City Manager
Date
AGREEMENT TO SETTLEMENT AND RELEASE AUTHORIZATION
I have read this Settlement and Release of Lien Authorization, regarding 840 W. 50 1h
Street, Miami Beach, Florida, Special Master Case Number set forth above, and I
understand and agree to its terms and have executed same for its purposes herein
stated.
Accepted by: _____________ _
AB International Holdings LLC Date
By: Jean Jacques Aboulker, Manager
STATE OF FLORIDA )
):
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day
of August, 2012 by Jean Jacques Aboulker, as manager of A B International Holdings
LLC, who has produced her/his driver's license as identification and who did/did not
take an oath.
My commission expires:
Notary Public, State of Florida
Print name
3
199
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the settlement
in the amount of $45,000 for City liens on property owned by Plaza Hotel, LLC, located at 418-422 Meridian
Avenue and 426 Meridian Avenue, Miami Beach, Florida, in the original amount of $338,522.46, and further
authorizing the City Manager to take such action and execute any and all necessary documents to complete
such lien release and settlement.
Ke Intended Outcome Su orted:
Shall the Mayor and City Commission approve the Resolution?
mendation:
LeaseFiorida Street, LLC ("LeaseFiorida') owns and holds the first Mortgage on the following properties (the
'Properties") located in the City of Miami Beach, Florida: 518-522 Meridian Avenue, Miami Beach, Florida; and 526
Meridian Avenue, Miami Beach, Florida which are in violation of numerous City of Miami Beach Code provisions
and for which the City recorded liens for noncompliance. The violations were issued in connection with the 40 year
building recertification, interior renovations without a permit, water intrusion in several units and for the closure of
the 526 Meridian Avenue property due an unsafe structure resulting from improper shoring. This building was shut
down and is currently unoccupied.
In its governmental and regulatory capacity, the City of Miami Beach recorded liens in the public records of Miami-
Dade County, Florida (the "Liens"). The fines are $338,522.46.
In reviewing the history and nature of the violations, the amount of the liens accumulated exceed the appropriate
penalty. Therefore, in order to facilitate the rehabilitation of the Properties by LeaseFiorida, the City has agreed to
stop the fines from accruing in connection with the pending Special Master Cases, upon receipt of $45,000
mitigation payment. This amount represents 13.3% of the accrued fines and is consistent with prior reductions
approved by the City Commission and is more in keeping with the nature of the violations. Additionally,
Lease Florida will pay the City 1 00% of the moneys owed for utilities, resort taxes and City Bills incurred by the prior
owner, within 15 days from the date of Commission Approval. As of June 6, 2012, this amount was $32,154.54.
LeaseFiorida further agrees that within six (6) months from obtaining title to the Properties, either by the issuance of
a Certificate of Title or a Deed in Lieu of Foreclosure, to cure the violations. In the event that the violations are not
cured, the cases will be brought back to the Special Master, and depending upon the status of the repairs, fines
may resume.
In light of the foregoing, it is recommended that the City enter into an agreement with LeaseFiorida as outlined
above.
The Administration recommends adopting the Resolution authorizing the City Manager to execute any and all
documents necessa to com lete settlement and release of Liens.
Financial Information:
Source of
Funds:
OBPI
Financial Impact Summary:
Clerk's Office Le islative Trackin
Amount
First Assistant City Attorney Assistant City .Manager
SR JGG
MIAMI BEACH 200
Account Approved
anager
KGB
AGENDA ITEM --=-~7-+F __
DATE ,w /d~ 12_
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE SETTLEMENT IN THE
AMOUNT OF $45,000.00 FOR CITY LIENS ON PROPERTY OWNED BY
PLAZA HOTEL, LLC, LOCATED AT 418-422 MERIDIAN AVENUE AND
426 MERIDIAN AVENUE, MIAMI BEACH, FLORIDA, IN THE ORIGINAL
AMOUNT OF $338,522.46, AND FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS TO COMPLETE SUCH LIEN RELEASE AND
SETTLEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as described.
ANALYSIS
LeaseFiorida 51h Street, LLC ("LeaseFiorida') owns and holds the first Mortgage on the following
properties (the 'Properties") located in the City of Miami Beach, Florida:
518-522 Meridian Avenue, Miami Beach, Florida; and
526 Meridian Avenue, Miami Beach, Florida
which are in violation of numerous City of Miami Beach Code provisions and for which the City
recorded liens for noncompliance. The violations were issued in connection with the 40 year
building recertification, interior renovations without a permit, water intrusion in several units and for
the closure of the 526 Meridian Avenue property due an unsafe structure resulting from improper
shoring. This building was shut down and is currently unoccupied.
In its governmental and regulatory capacity, the City of Miami Beach recorded liens in the public
records of Miami-Dade County, Florida (the "Liens"). The fines are $338,522.46.
In reviewing the history and nature of the violations, the amount of the liens accumulated exceed the
appropriate penalty. Therefore, in order to facilitate the rehabilitation of the Properties by
LeaseFiorida, the City has agreed to stop the fines from accruing in connection with the pending
Special Master Cases, upon receipt of $45,000 mitigation payment. This amount represents 13.3%
of the accrued fines and is consistent with prior reductions approved by the City Commission and is
more in keeping with the nature of the violations. Additionally, Lease Florida will pay the City 100% of
the moneys owed for utilities, resort taxes and City Bills incurred by the prior owner, within 15 days
from the date of Commission Approval. As of June 6, 2012, this amount was $32,154.54.
201
Lease Florida further agrees that within six (6) months from obtaining title to the Properties, either by
the issuance of a Certificate of Title or a Deed in Lieu of Foreclosure, to cure the violations. In the
event that the violations are not cured, the cases will be brought back to the Special Master, and
depending upon the status of the repairs, fines may resume.
In light of the foregoing, it is recommended that the City enter into an agreement with Lease Florida
as outlined above.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution authorizing the City Manager to execute any and all documents necessary to
complete settlement and release of Liens.
T:\AGENDA\2012\9-12-12\Piaza Hotel commission memorandum.doc
2
202
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
SETTLEMENT IN THE AMOUNT OF $45,000.00 FOR CITY
LIENS ON PROPERTY OWNED BY PLAZA HOTEL, LLC,
LOCATED AT 418-422 MERIDIAN AVENUE AND 426 MERIDIAN
AVENUE, MIAMI BEACH, FLORIDA, IN THE ORIGINAL
AMOUNT OF $338,522.46, AND FURTHER AUTHORIZING THE
CITY MANAGER TO TAKE SUCH ACTION AND EXECUTE ANY
AND ALL NECESSARY DOCUMENTS TO COMPLETE SUCH
LIEN RELEASE AND SETTLEMENT.
WHEREAS, the properties located at 418-422 Meridian Avenue and 426
Meridian, Miami Beach, Florida (the "Properties") are currently owned by Plaza
Hotel, LLC ("Plaza Hotel"); and
WHEREAS, the Properties are accumulating daily fines for building and
code compliance violations; and
WHEREAS, fines have accumulated in the amount of $338,522.46; and
WHEREAS, the Properties are not in compliance with the City Code; and
WHEREAS, a Final Judgment of Foreclosure was entered on July 11,
2012 in favor of LeaseFiorida 5th St. LLC ("LeaseFiorida") in the case styled:
LeaseF/orida 5th St, LLC v. Plaza Hotel, LLC, eta/., Case No. 12-18755 CA 59, in
the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County,
Florida; and
WHEREAS, LeaseFiorida intends to obtain title to the Properties either by
being the successful bidder at the foreclosure sale or by way of a Deed in Lieu of
Foreclosure from Plaza Hotel; and
WHEREAS, in review of the history and nature of the violations, the
amount of the liens accumulated exceed the appropriate penalty; and
WHEREAS, the payment of $338,522.46 would be disproportionate to the
nature of the violations; and
WHEREAS, in order to facilitate the rehabilitation of the Properties by
LeaseFiorida and afford LeaseFiorida the opportunity to cure the violations, the
issue of the fines and recorded liens needs to be resolved; and
203
WHEREAS, in light of these circumstances, the Administration
recommends that the City Commission approve a $45,000.00 settlement amount
for these Properties as a penalty more in keeping with the nature of the violation;
and
WHEREAS, LeaseFiorida would still be responsible for bringing the
underlying violations into compliance with all applicable City codes; and
WHEREAS, until the violations are brought into compliance, LeaseFiorida
would still be subject to the Special Master process.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
Mayor and City Commission hereby approve the settlement in the amount of
$45,000.00 for the City liens on property owned by Plaza Hotel, LLC. 418-422
Meridian Avenue and 426 Meridian, Miami Beach, Florida, Miami Beach, Florida,
in the original amount of $338,522.46, and further authorize the City Manager to
take such action and execute any and all necessary documents to complete such
lien release and settlement.
PASSED and ADOPTED this __ day of ______ , 2012.
ATTEST:
CITY CLERK
204
MAYOR
APPROVED AS fO
fOR.'\-\ 81 lANGUAGE
& FO E><ECUTION
AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into as of the_
day of September, 2012 ("Effective Date") between LeaseFlorida 51h Street, LLC
("LeaseFiorida") and the City of Miami Beach, Florida (the "City".)
RECITALS
A LeaseFiorida owns and holds the first Mortgage on the following
properties located in the City of Miami Beach, Florida:
518-522 Meridian Avenue, Miami Beach, Florida and 526 Meridian Avenue,
Miami Beach, Florida (the "Properties")
which are in violation of numerous City of Miami Beach Code provisions and for which
the City recorded liens for noncompliance, all of which are listed in Schedule A attached
hereto ("Violations and Liens"). Additionally, there are monies owed to the City for a
delinquent water account (account number 52143-00) ("Utility Bill"), resort taxes
(account number 978211) ("Resort Taxes") and an unpaid City Bill (CB00020749.) ("City
Bill"), Utility Bill account number 520447-00, Plate 755 and City Bills AR #017253 all of
which are listed in Schedule "1" attached hereto. The term Monies Owed shall mean all
monies owed for the Utility Bill, Resort Taxes and City Bill plus any additional interest,
penalties and/or other obligations. Any outstanding Utility Bill, Resort Taxes, City Bill or
other amount due not reflected on the Verified Lien Statement dated June 6, 2012, shall
be the sole responsibility of the City.
B. In its governmental and regulatory capacity, the City is requiring
LeaseFiorida to comply with Code of the City of Miami Beach and make the necessary
repairs to the Properties to comply with the Violations and Liens and pay a the Monies
Owed in full satisfaction thereof to the City upon execution of this Agreement.
C. In order to facilitate the rehabilitation of the Properties by LeaseFlorida,
the City has agreed to stop the fines accruing in connection with the pending Special
Master Cases, set forth in Schedule "A" and release all liens associated those cases set
forth in Schedule "A," upon receipt of Forty-Five Thousand and 00/100 ($45,000.00)
Dollars (the "Mitigation Payment".)
D. The Mitigation Payment and the Monies Owed shall be paid within fifteen
(15) days from authorization and approval of this Agreement by the City's commission,
as evidenced by the resolution to be delivered to LeaseFiorida .. LeaseFiorida shall
cause a check to be issued to each department of the City for each individual charge as
set forth in Schedule "A". Upon receipt of these payments, the City shall deliver the
original Release of Liens with Continuing Violation ("Release of Lien") and/or
satisfaction for Monies Owed to WNF Law, P.L. ("WNF"). The Release of Lien shall be
in writing and recordable form. WNF shall cause the Release of Lien to be recorded
{A0040729.DOG 2}1
205
among the Public Records of Miami-Dade County, Florida and shall promptly deliver to
the City a true certified copy. All recording fees and costs shall be the sole
responsibility of LeaseFiorida.
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which hereby acknowledged, the
Parties hereby agree as follows:
1. The City and LeaseFiorida agree that the foregoing recitals are true and
correct and are incorporated herein as if repeated at length.
2. The City and LeaseFiorida have agreed that the Mitigation Payment is
required for releasing the Properties from the City's Code Enforcement, and Building
Department liens and the Violations and Liens.
3. The City and LeaseFiorida agree that the Mitigation Payment shall be
paid to the City as consideration for issuing the Releases of Lien.
4. LeaseFiorida agrees within six (6) months from the date earlier of either
a Deed in Lieu recorded with the Clerk of the Court in favor of LeaseFiorida, its
successor and/or assign or the issuance of a Certificate of Title in favor of LeaseFiorida
its successor and/or assign, that it will either have cured the violations set forth in
Schedule "A" or shall present to the City a written progress report of the repairs and
request an extension of time to complete the repairs, which said request shall not be
unreasonably withheld (the "Milestone").
5. In the event that LeaseFiorida misses the Milestone set forth herein, the
City will notify the Clerk of the Special Master of LeaseFiorida's non compliance with
this Agreement, and at a duly noticed hearing will advise of LeaseFiorida's non-
compliance with the terms of this Agreement..
6. In the event that LeaseFiorida completes the required repairs by the
Milestone set forth in Paragraph 4 above, the Mitigation Payment shall satisfy any and
all payments due to the City for these Properties and no additional payment(s) shall be
due in connection with the violations set forth in Schedule "A." In the event that
LeaseFiorida has requested additional time to complete the repairs pursuant to
Paragraph 4 above, no addition fees, penalties or charges shall accrue. Upon
completion of the requested repairs, LeaseFiorida and the Properties shall be fully
released from all Violations and Liens and all other monies and obligations owed with
respect to the Properties.
7. The Parties agree to use their best efforts in seeing that the Milestone in
Paragraph 4 above moves forward, including but not limited to the approval times
required by the City. The City recognizes and agrees that in order for LeaseFiorida to
{A0040729.DOC 2 }2
206
obtain compliance and meet the Milestone in Paragraph 4, there might be require action
by or on behalf of the City and the City agrees to use its best efforts in seeing that this
date is met. In the event any building permit or other approval requiring City approval is
delayed more than two (2) business days, the Milestone shall automatically be extended
by that time period of delay.
8. Notices. All notices required or permitted to be given hereunder
shall be in writing and sent by overnight delivery service (such as Federal Express), in
which case notice shall be deemed given on the day after the date sent, or by personal
delivery, in which case notice shall be deemed given on the date received, or by
certified mail, in which case notice shall be deemed given three (3) days after the date
sent, or by fax (with copy by overnight delivery service), in which case notice shall be
deemed given on the date sent, to the appropriate address indicated below or at such
other place or places as either Party may, from time to time, respectively, designate in a
written notice given to the other in the manner described above.
If to LeaseFiorida:
If to City:
Steve L. Waserstein, Esq.
201 S. Biscayne Blvd., Suite 3400
Miami, FL 33131
Telephone: 305 760-8502
Facsimile: 305 749-8959
LeaseFlorida 51h Street, LLC
6001 NW 153 Street, Suite 110
Miami Lakes, Florida 33014
Telephone: (305) 827-8373
Facsimile:
Office of the City Attorney
City of Miami Beach
1700 Convention Center Drive,41h Floor
Miami Beach, Florida 33139
Attn: Jose Smith, City Attorney
Telephone: 305-673-7470
Facsimile: 305-673-7002
Kathie G. Brooks, Interim City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: 305-673-7010
Facsimile: 305-673-7782
Each Party shall have the right to change the address or name of the person to
whom such notices are to be delivered by notice to the other party.
207
9. The terms and conditions of this Agreement shall inure to the benefit of and
be binding upon the permitted successors and assigns of each of the parties hereto.
10. This Agreement may be modified only by a written amendment signed by all
parties hereto.
11. This Agreement shall be construed and enforced according to the laws of the
State of Florida.
12. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
13. LeaseFiorida hereby acknowledges that it has been represented by legal
counsel of its choice, namely: Steve L. Waserstein, Esq., 201 S. Biscayne Blvd., Suite
3400, Miami, Florida 33131.
14. Each Party represents and acknowledges that this Agreement has been
entered into freely and voluntarily and that there has been no undue influence or duress
brought by either Party, and that each Party is aware of and understands the contents
and implications hereof and acknowledges the same.
15. All understandings and agreements heretofore made between the Parties
are merged in this Agreement. There are no oral promises, conditions, representations,
understandings, interpretations or terms of any kind as conditions or inducements to the
execution of this Agreement in effect between the parties. No change or modification of
this Agreement shall be valid unless the same is in writing and signed by the parties
hereto. No waiver of any of the provisions of this Agreement shall be valid unless the
same is in writing and is signed by the party against which it is sought to be enforced
and shall be valid only for the particular time and circumstances for which it is obtained.
16. In connection with any litigation arising out of this Agreement, the prevailing
Party, including its successors and/or assigns as their interests may appear, in such
litigation shall be entitled to recover from the defeated Party, including its successors
and/or assigns as their interests may appear, all costs incurred, including reasonable
attorneys' fees, and all costs and attorneys' fees on appeal.
IN WITNESS WHEREOF, this Agreement has been signed on behalf of the
parties hereto as of the day and year first above written.
LeaseFiorida 5th Street, LLC, by Alan Waserstein
as, Manager of LeaseFiorida Manager, LLC
(A004072\LDOC 2 }4
208
Print name: ------------------------Date Executed: ________________ , 2012
Approved
Kathie G. Brooks, Interim City Manager
Date Executed: 2012. -----------------
{A0040729.DOC 2
209
Schedule "A"
Property Address located at:
418-422 Meridian Avenue and 426 Meridian Avenue
L Special Master Case# JB11 000551 (Book 27771, Pg 1535)
2, Special Master Case# JC11000432 (Book 27810, Pg 1776)
3. Special Master Case# JB10000458 (Book 27870, Pg 1615)
4, Special Master Case# JB11 000550 (Book 27771, Pg 1534)
5. Special Master Case# JC09000562 (Book 27588, Pg 1044)
6. Special Master Case# JC11000041 (Book 27642, Pg 1516)
7. Special Master Case# JC11000168 (Book 27717, Pg 3440)
8. Special Master Case# JC 11000041 (Book 27691, Pg 1157)
{A0040729DOC 2 }6
210
Schedule 1
1. Water account (account number 52143-00);
2. Resort taxes (account number 978211
3. City Bill (CB00020749.)
4. Utility Bill account number 520447-00, Plate 755
5. City Bills AR #017253
{A0040729.DOC 2 }7
211
LEASEFLORIDA 5th ST., LLC,
Plaintiff,
vs.
PLAZA HOTEL, LLC, et al.,
Defendants.
f
IN THE CIRCUIT COURT OF THE i ITH
JUDICIAL CiRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 12-18755 CA 59
NOTICE OF FlUNG VERIFIED LIEN STATEMENT
Defendant, CITY MIAMI , a Florida municipal corporation, by and
through its undersigned counsel hereby files with the Court a Verified Lien Statement in
support of affirmative defenses.
·\/\cl.tj I CERTIFY that a true and correct copy of the foregoing was mailed this
_cA.__·.,.. day of June, 20·12 to:
Robert P. Frankel,
Robert P. Frankel & Associates, P.A.
25 West Flagler Street
900 City National Bank BuHding
Miami, 33130
Jay Phillip Parker, Esq.
c/o Clear Title Group
1691 Michigan Avenue, Suite 320
Miami, 33139
Plaza Hotel, LLC
Time LLC
Ocean Drive, Inc.
c/o Krzysztof Karbowksi and
Jakub Kosiba
1001 N. Milwaukee Ave., #400
Chicago, IL 60642
Respectfully submitted,
JOSE SMITH, CiTY ATTORNEY
CITY OF MIAMi BEACH
1700 Convention Center Drive, 4th Floor
Miami Beach, Florida 33139
Tel: (305) 673-7470 I Fax: (305) 673~7002
E-mail: steverothsteln@mlamibeachfl.gov
By:_~=
teven H. Rothstein
First Assistant City Attorney
Florida Bar No. 727547
OFFICE OF TH!: CITY AITORNEY-1700 CONVENTION C!:NT!lR DR!Vii -MIAMI !iEACH, F!.O!llDA 33139
212
CITY OF MIAMI BEACh
i?OO CONVENTION CENTER DRIVE, MIAMI BEACH FL 33139-1824
June 6, 2012
Proporty Addro5S: 418-422 MERIDIAN AVE AND 426 MERIDIAN AVE
FOLIO: 02·4203·009-5040/02-4203-009-3070102-4203-00B-5030
ENTIRE PROPERTY
SUBJeCT: LEASEPLORIDA 5TH ST., LLC v. PLA7..A HOTel, LLC, ET Al, CASE NO. 12-18756 CA 50
STATEMENT#
PLATE#
THIS IS TO CERTIFY THAT THE FOLLOWING MUNICIPAL UENS OR t\SSESSMENTS ARE DUE AND PAYABLE .AGAINST:
OCEAN BEACH ADDN NO 3 P8 2-Si LOT 9 BLK 1>0 LOT SIZE 50.000 X 140 COC 24427·2145 042000 8
OCEAN BEACH AODN NO 3 P8 2-Si lOTS 9 & 10 BLK 50 LOTS SIZE 14000 SQ FT
Charge Typo
1) UTiLITY BILL:
a)WaHH'~ Storm
21 DEMOLITION &
SOARDiNG-UP LIENS
4) BILLS
7) PERMITS, CERTifiCATE OF
USE, LICENSES
G) OiliER
TOTAL M~OUNT DUE
ADDI'fiONAL BilLS M.'\Y BE PilE FHDM DATE HEADING TO OAT!: OF PINAL
Toisphooo (305) 673·7420
Facs!mila (1U6) 395·34$4
244
761
KD
Of 10%. RECORDED LIENS Blil\!1. INTEI<EBT AT i2% PERANNl!M, UNPAID !\NiJIOR DELINQUGNT CH/IRG!lS iOOeTHl:R WITH ALL PENA\.TiESIM003iW
THeREON, SHALL llEMAiN AND CONSTITUTE SPECIAL ASSESSMf.NT LIENS AO.'IINBT THE RfU\L PROPERTY.
NtlTICF.· SHORT TERM REN1'Ats OF LESS THAN SiX MONTHS AND ONIO DAY i\flE NOT PERMIT'WD iN SINGLE FAMILY liOMES.AND ZONING DISTRICTS TriAT DO NOT
PEI'\MIT HOTEL l!SES. SEe SECTiONS 14MGU(Il){6) AND 14l·1111, MIAMI !lEACII GITY CODlL
c~rtlfy thBt this Litn St§:lbmonllt~ a trwc and fiOCU!'n{o t{lflactlnn {us of Um dai;) at H1ll.' w n Stat~ · .. -u!1t} of uw~o U~!lfi. ilfld/or
of thrs Clty of M\.mnl BtHiGi1 flnuncc-D0[Hlrtmtmt} dwv ond owing H;o Clty nf M!;,rnl Bon pmp:rty,
PAmiCIA U. WALI<EH, CHIEF FiNANCIAL OFFICER
SUBSCRIBED AND SWORN ro bb!
DADE COUNTY
213
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The Issuance Of A Request For Letters of Interest (RFLI) For Providing Human Services To Yo
Families And The Elderl Within The Cit .
e lives of elderly residents.
Enhance learnin o ortunities for outh.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Community Satisfaction Survey reported that 26.1% of
residents believed the "65 years of age and older" demographic should benefit most from limited resources during tough
economic times.
Issue;
I Should the City issue the Request For Letters of Interest?
Item Summary/Recommendation:
Since 2007, the City has partnered with a variety of human service agencies to create the Miami Beach Service Partnership,
a collaborative seeking to build capacity among service providers and improve the quality of services provided to our
community's youth, families and the elderly. Initial funding for this effort was provided by The Children's Trust. The City is
now in its last year of funding under this agreement which expires July 31, 2013. The Request For Proposals for continuing
funds is expected to be issued by The Children's Trust (Trust) sometime after November 1, 2012.
In anticipation of the Trust's RFP issuance, the Office of Community Services is seeking to issue a Request For Letters of
Interest (RFLI) to identify human service providers who can partner with the City. In the past, the City partnered with any
agency agreeing to the terms of membership with the Miami Beach Service Partnership which has included the execution of
a Memoranda Of Understanding, attendance at the monthly board meetings and the promotion of the Partnership and its
services. Through the issuance of an RFLI, we believe that additional providers will be identified to broaden the scope of
services offered by the Partnership, thereby improving access to our community's residents. Targeted services will include,
but not limited to: advocacy for disabled youth and adults; bullying prevention; counseling {individual, group and family};
educational programming; Family Group Conferencing; financial literacy; health education and prevention screening; intake
and assessment; job training and employment opportunities; literacy; nutrition education; preventive health; youth
development; and violence prevention, among others.
In addition to anticipating a submission to The Children's Trust RFP, the Office of Community Services will seek to partner
with the entities identified through the RFLI process to pursue other funding opportunities that support the goals of the
Miami Beach Service Partnership. This may include State, Federal and private foundation funding.
Advisory Board Recommendation:
l N/A
Financial Information:
Source of Funds: Amount Account
N/A
Financial Impact Summary:
The RFLI is being issued to pursue additional grant funds. No funds will be expended at this time. At a minimum, the City
antici ates receivin the same level of fundin from the Children's Trust and will ursue additional funds from other sources.
ent Director ager
T:\AGENDA\2012\9-12-12\Community Services RFLI Summary.dd"o_
MIAMI BEACH
214
AGENDA ITEM-.,...----
DATE......:-___ ;;__................._.._
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City C iss ion
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12,2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A REQUEST
FOR LETTERS OF INTEREST (RFLI) IN ANTICIPATION OF PURSUING GRANT
OPPORTUNITIES THROUGH THE CHILDREN'S TRUST, AND STATE AND
FEDERAL FUNDING AGENCIES, AND PRIVATE FOUNDATIONS; AND
AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE
MEMORANDA OF UNDERSTANDING WITH SELECTED ENTITIES, IN
FURTHERANCE OF AND CONSISTENT WITH THE AFORESTATED FUNDING
OPPORTUNITIES.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOMES
• Improve the lives of elderly residents
• Enhance learning opportunities for youth
BACKGROUND
Since 2007, the City has partnered with a variety of human service agencies to create the
Miami Beach Service Partnership, a collaborate seeking to build capacity among service
providers and improve the quality of services provided to our community's youth, families
and the elderly. The mission of the Partnership is "to work collaboratively to effectively
deliver holistic, culturally-competent, outcomes-based services that ensure the success of
our community's youth and families."
Initial funding for the Partnership was obtained by The Children's Trust in 2007 to establish
the framework and planning of the Partnership. Subsequently, the City was awarded an
implementation grant creating Success University, the first coordinated, inter-dependent
service model in our City uniting agencies to serve youth at-risk of truancy.
Our Partner agencies have included:
• ASPIRA of Florida
• Ayuda, Inc.
• Barry University
• Choices Et AI, Inc.
• Get Credit Healthy
• Jewish Community Services
215
Community Services RFLI
September 12, 2012
City Commission Meeting
Page 2 of4
• Junior Achievement of Greater Miami
• Miami-Dade County Public Schools/ Miami Beach Feeder Pattern
• National Foundation for Teaching Entrepreneurship
• Stand Up for Those Who Can't
• Switchboard of Miami's
• Teen Job Corps
• Unidad of Miami Beach
The City is entering its last year of funding under the existing grant agreement with The
Children's Trust. We anticipate that the new Request For Proposals (RFP) will be issued
sometime after November 1, 2012 to enable proposal submissions, review by staff and
subsequent funding recommendations by The Children's Trust Board of Directors by May
2013.
In anticipation of the issuance of the RFP, the Office of Community Services would like to
issue a Request For Letters of Interest (RFLI) to identify the pool of human service providers
available to partner with the City for The Trust funding as well as State, Federal and private
foundation funding opportunities to serve youth, families and the elderly.
This is the first time the Office of Community Services has issued an RFLI for possible
service partners. In the past, the City partnered with any agency agreeing to the terms of
membership with the Miami Beach Service Partnership which has included the execution of
a Memoranda Of Understanding, attendance at the monthly board meetings and the
promotion of the Partnership and its services. Through the issuance of an RFLI, we believe
that additional providers will be identified to broaden the scope of services offered by the
Partnership.
CURRENT SCOPE OF SERVICES
The existing grant from The Children's Trust funds Success University, a program enabling
the City and its partners serve youth at risk of truancy and their families with the following
services, among others:
• Intake and assessment
• Referral coordination
• Family Group Conferences
• Home visits (to document client progress and identify new service needs) including
Care Plan Contacts and Care Plan Closeouts
• Mental health assessment
• Counseling
• Job training and employment
• Bus passes
• 7 Habits of High Effective Farrilies training
• 7 Habits of Highly Effective Teens training
ANTICIPATED SCOPE OF SERVICES
It is anticipated that the next Service Partnership RFP issued by The Children's Trust will
encourage the expansion of services within set geographic areas where service partnerships
currently exist. As such, the City anticipates expanding its programming beyond services for
216
Community Services RFLI
September 12, 2012
City Commission Meeting
Page 3 of 4
youth at-risk of truancy and possibly including advocacy for youth with disabilities, increased
family involvement in schools and bullying prevention. Without the benefit of knowing what
the RFP will require, we are issuing the RFLI seeking a broad range of services and
providers who can expand our current service menu with their respective expertise and
experience in various services including:
• Advocacy for disabled youth and adults
• Arts education
• Bullying prevention
• Counseling (individual, group and family)
• Educational programming
• Entrepreneurship training
• Environmental education
• Family Group Conferencing
• Financial literacy
• Health education and prevention screening
• Homemaker services
• Gang prevention education and intervention
• Intake and assessment
• Job training and employment placement
• Literacy
• Mental health screenings
• Nutrition education
• Parenting Classes
• Preventive health
• Scholarship services
• Truancy prevention
• Tutoring services
• Youth development
• Violence prevention
In addition to anticipating a submission to The Children's Trust RFP, the Office of
Community Services will seek to partner with the entities identified through the RFLI process
to pursue other funding opportunities that support the goals of the Miami Beach Service
Partnership. This may include State, Federal and private foundation funding.
MINIMUM REQUIREMENTS & PRICE
Qualifying agencies must document/demonstrate the following, at a minimum, via the
RFLI process:
• Experience in the provision of the targeted service;
• Execution of Memoranda Of Understanding which will stipulate:
• Monthly representation at the Miami Beach Service Partnership meeting
• Adherence to the Miami Beach Service Partnership Policies &
Procedures (which includes a Code of Ethics)
• Promotion of the Miami Beach Service Partnership within the agency's
site as well as its online and social media presence
• Timely and accurate submission of monthly reporting documentation
217
Community Services RFLI
September 12, 2012
City Commission Meeting
Page 4 of4
• Assent to the public disclosure of the agency's Parlner Performance
Rating (the numerical evaluation of the agency's performance under the service
contract)
• Assent to established reimbursement rate for each service; and
• Assent to other terms established by the RFP.
While we cannot ascertain the fees that will be allowed by the RFP until its issuance, these
were the reimbursement rates for 2009 through 2012:
• Intake and assessment ($140 each)
• Family Group Conferences ($175 each)
• Home visits (to document client progress and identify new service needs)
including Care Plan Contacts ($18 each) and Care Plan Closeouts ($1 00 each)
• Mental health assessment ($195 each)
• Counseling ($75 each session)
• Job training and employment ($9.86 per employee hour and $24.44 per
supervisor hour)
EVALUATION PROCESS
The following is the RFLI evaluation process:
1. The RFLI is issued on September 24, 2012.
2. A meeting with prospective respondents is held to address any questions the week
of September 24, 2012.
3. RFLI submissions are received by the City no later than October 24, 2012 at 1 pm.
4. RFLI submissions are reviewed by staff for eligibility and responsiveness.
5. The list of eligible providers is published on the City's website and drawn upon for
the pursuit of grant funds for youth and elder services.
CONCLUSION
The issuance of an RFLI will enable the identification of qualified, experienced human
services providers who can, in turn, partner with the City to pursue grant funds to provide a
variety of needed, quality services to the youth, families and elderly in our community.
KGB/M~~
T:\AGENDA\2012\9-12-12\Community Services RFLI Memo.doc
218
RESOLUTION NO. _____ _
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF A
REQUEST FOR LETTERS OF INTEREST (RFLI) IN ANTICIPATION OF
PURSUING GRANT OPPORTUNITIES THROUGH THE CHILDREN'S
TRUST, AND STATE AND FEDERAL FUNDING AGENCIES, AND PRIVATE
FOUNDATIONS; AND AUTHORIZING THE CITY MANAGER OR HER
DESIGNEE TO EXECUTE MEMORANDA OF UNDERSTANDING WITH
SELECTED ENTITIES, IN FURTHERANCE OF AND CONSISTENT WITH
THE AFORESTATED FUNDING OPPORTUNITIES.
WHEREAS, the City is a founding member of the Miami Beach Service Partnership; and
WHEREAS, the Miami Beach Service Partnership seeks to create a holistic service
delivery system among those agencies providing human services and support services to our
City's residents; and
WHEREAS, initial funding for the Miami Beach Service Partnership was provided
through a grant by The Children's Trust; and
WHEREAS, that grant will be up for renewal through the issuance of a Request For
Proposals (RDP) expected sometime after November 1, 2012; and
WHEREAS, the City would like to pursue additional state, federal and fdundation funds
to further expand services to our community's youth, families and the elderly; and
WHEREAS, the City wishes to increase the number of agencies participating in the
Miami Beach Service Partnership to further increase our community's service capacity; and
WHEREAS, the issuance of a Request For Letters of Interest (RFLI) will enable the
identification and screening of potential partnering agencies to better serve our community's
youth, families and the elderly; and
WHEREAS, funders, including The Children's Trust, will require Memoranda of
Understanding between the City and selected entities to establish the terms of collaboration for
the pursuit of grant funds; and
WHEREAS, it is further recommended that the Mayor and City Commission hereby
authorize the City Manager or his designee to negotiate Memoranda Of Understanding with
selected entities for the pursuit of grant funds through The Children's Trust, State and Federal
funding agencies and private foundations.
219
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorizes the issuance of a Request For Letters of Interest (RFLI) in
anticipation of pursuing grant opportunities through The Children's Trust and State and Federal
funding agencies and private foundations; and authorizing the City Manager or her designee to
execute Memoranda Of Understanding with selected entities, in furtherance of and consistent
with the aforestated funding opportunities.
PASSED and ADOPTED this ___ day of _____ , 2012.
ATTEST:
MAYOR
CITY CLERK
T:\AGENDA\2012\9-12-12\Community Services RFLI RESO.doc
220
of Miami 1700 Convention Center Drive, Miami Beach, Fiorida 33139, vvww.miamibeachf.gov
HUMAN RESOURCES DEPARTMENT Tei: (305) 673-7524, Fax: (305)673-7529
September 24, 2012
RE: REQUEST FOR EXPRESSION OF INTEREST PERTAINING TO THE ENGAGEMENT
WITH THE CITY OF MIAMI BEACH FOR QUALIFIED HUMAN SERVICE FIRMS TO
PROVIDE PROFESSIONAL SERVICES IN CONJUNCTION WITH THE PROVISION OF
HUMAN SERVICES TO RESIDENTS OF THE CITY OF MIAMI BEACH AS FUNDED.
The City of Miami Beach was funded by The Children's Trust to create and operate a service
collaborative, the Miami Beach Service Partnership, for youth at-risk of truancy and their
families. The collaborative provided the following contracted services at the indicated
reimbursement rates:
• Intake and assessment ($140 each)
• Referral coordination (Included in intake and assessment fee and Care Plan
Contacts)
• Family Group Conferences ($175 each)
• Home visits (to document client progress and identify new service needs) including
Care Plan Contacts ($18 each) and Care Plan Closeouts ($100 each)
• Mental health assessment ($195 each)
• Counseling ($75 each session)
• Job training and employment ($9.86 per employee hour and $24.44 per supervisor
hour)
• 7 Habits of High Effective Families training (provided in-kind by City but valued at
$299 each)
• 7 Habits of Highly Effective Teens training (provided in-kind by City but valued at
$299 each)
While reimbursement rates cannot be determined at this time, rates are expected to either
remain unchanged or increase at the rate of the Consumer Price Index.
The funding agreement with The Children's Trust expires July 31, 2013. The City anticipates
that The Children's Trust will issue a Request For Proposals (RFP) for continuation funding
of existing service collaborative in Miami-Dade County. In anticipation of this RFP, the City is
seeking partners with which to pursue programming funds.
Accordingly, the attached "Expression of Interest" form has been prepared and submitted to
you for consideration. Should your agency wish to be considered, please complete the
attached form and return to the attention of City Attorney Jose Smith at
mestevez@miamibeachfl.gov, NO LATER THAN October 24, 2012 at 1:00 PM. All
questions and inqUines must be directed in writing to Maria Estevez at
mestevez@m iam ibeachfl.gov.
Following its receipt and review of the responses submitted to this Request for Expression of
Interest, the City reserves the right to contact such firm (or firms) as the City, in its sole
discretion and determination, may wish to interview, in further determining the most qualified
firm (or firms) to perform the required recruitment and other related professional services
solicited pursuant to this process.
NOTWITHSTANDING THE ABOVE, OR ANYTHING CONTAINED IN THE ATTACHED
FORMS, THE CITY RESERVES THE RIGHT, AT ANY TIME DURING THE PROCESS,
AND IN ITS SOLE AND ABSOLUTE DISCRETION, TO REJECT ANY AND ALL
RESPONSES RECEIVED PURSUANT TO THE REQUEST FOR EXPRESSION OF
Vv'e commifte:i " .!, '221'"1
INTEREST, AND/OR INITIATE AN ALTERNATE PROCESS FOR PROCUREMENT OF
THE AFORESTATED PROFESSIONAL SERVICES (WHICH PROCESS MAY INVOLVE,
WITHOUT LIMITATION, EITHER RETENTION/ENGAGEMENT OF A QUALIFIED FIRM
THROUGH A WAIVER OF COMPETITIVE BIDDING, AS PERMITTED PURSUANT TO THE
CITY OF MIAMI BEACH CODE, OR THROUGH INITIATION OF A FORMAL COMPETITIVE
BIDDING PROCESS). FURTHERMORE, ALL FIRMS SUBMITTING A RESPONSE TO THE
REQUEST FOR EXPRESSION OF INTEREST AGREE AND ACKNOWLEDGE, AND -BY
SUBMITTAL OF A RESPONSE-ARE THEREBY DEEMED TO UNDERSTAND THAT BY
SUBMITTAL OF SUCH RESPONSE, NO CONTRACTUAL OR OTHER LEGAL RIGHT OR
INTEREST OF ANY KIND SHALL BE DEEMED TO HAVE BEEN CREATED OR TO EXIST
BETWEEN THE SUBMITTING FIRM AND THE CITY, UNTIL AND UNLESS A CONTRACT
HAS BEEN AGREED TO AND EXECUTED BY BOTH PARTIES.
If you have any questions, please contact Maria Estevez at mestevez@miamibeachfl.gov,
'222
EXPRESSION OF INTEREST
Professional Services Related to the Provision of Human Services
The City of Miami Beach is in need of professional services related to the provision of
human services. This "Expression of Interest" is serving as an informal procurement
process in lieu of the competitive bidding process.
It is anticipated that a Professional Services Agreement (PSA) will be executed for such
services. Fees will be negotiated. The Scope of Work that will be required, pursuant to
this PSA, is as follows, but will be more thoroughly defined with the successful firm(s):
• Participation in the Miami Beach Service Partnership and execution of a
Memoranda Of Understanding that stipulates:
• Attendance at monthly Partnership meetings;
• Adherence to the Miami Beach Service Partnership Policies & Procedures
(which includes a Code of Ethics);
• Promotion of the Miami Beach Service Partnership within the agency's site as
well as its online and social media presence;
• Timely and accurate submission of monthly reporting documentation; and
• Assent to the public disclosure of the agency's Parlner Petformance Rating
(the numerical evaluation of the agency's performance under the service
contract).
• Provision of human services, as defined and specifically delineated, of the
following services to City of Miami Beach residents:
o 7 Habits of Highly Effective Families training
o 7 Habits of Highly Effective Teens training
o Advocacy for disabled youth and adults
o Aftercare
o Arts education
o Bullying prevention education
o College preparation
o Counseling (individual, group and family)
o Skills development for disabled youth
o Educational programming
o Employment placement
o Employment training
o Entrepreneurship training
o Environmental education
o Family Group Conferencing
o Financial literacy
o Gang prevention
o Health education and prevention screening
o Homemaker services
o Intake and assessment
o Job training and employment
o Literacy
o Mental health assessments
o Nutrition education
o Parenting classes
o Preventive health
\l\le ore comrni!ted lo providing excellent public service and ;223 J/1 who live, work and ploy in our vibrant, tropical, historic community.
o Referral coordination
o Scholarship services
o Truancy prevention
o Tutoring (primary and secondary grades)
o Youth development (infant to 18 years of age)
o Violence prevention education
Firms wanting to express their interest in this work shall complete the information on the
following page and return their responses to the attention of City Attorney Jose Smith at
mestevez@miamibeachfl.gov, by no later than 1:00 p.m. on October 24, 2012. The
City will contact those firms it wishes to interview to determine which firm will be selected
to enter into a PSA with the City and perform the work.
VVc ce=rnmfffc::ci b vibron!,
EXPRESSION OF INTEREST
Professional Services Related to the Provision of Human Services
Agency Name
Agenc;i~CorporateiFu:maa Aaaress
Agency ~orporate 1 e1epnone Numoer Agency ..,orporate r-ax NUmoer
soutn Florit:la A<l<lress liT amerem man aoove1
;:,oum ·1orma 1, !l11terent man aoove1 :soutn t-lonaa t-ax liT amerent man aoove)
l'omt or ~omact Name I'Oint or ~omact 1me
I'Oint or ~omact 1 e1epnone Numoer I'Oint or ~omact t:.-mau Aaaress
Please complete the following questions.
1. Is your agency a 501 (c) 3 corporation as recognized by the Internal Revenue Service?
DYes 0 No
Please attach copy of 501(c) 3 designation letter issued by Internal Revenue Service.
2. Briefly describe your agency's organizational structure, including key personnel:
3. Please list your service sites (locations of business or provision of service}:
\,;llY l
City
Aaaress (.;l!y Zip coae
l;lty
L;ity
!
\1\le
4.
5. Have you contracted with municipal government in the past?
DYes D No
If I" d d 'd d so, please list mun1c1pallt1es, year contracts an serv1ces prov1 e . .
IVIUi11Cipa11Iy rearts1 ServiCeS 1-'TOVIOeO
IVIUn1Cip81ilY • rear(s) Serv;ces 1-'rov;oea
MUniCipa!;\y • rearrsJ serv1ces 1-'rOviaea
rear(sJ , 1-'TOVIOea
Year(s; "'"' "'""" r'f0V1080
6. PI r t ease 1s t ~ any con rae s orw h' h IC ou h ave d f It d e au e .
rear or uerault I
I
contracting !-'arty lll Keason
Contracting !-'arty Keason ror ueraull
Year Of Defaull
contracting Party lll
7. PI ease r t th IS emem b f ers o your B oar d f o· t 0 1rec ors:
Name f"OSl!IOniAITIIa\IOn
Name f"OSitiOniAITIIa\IOn
Name j f"OSI!IOn/ATTIIIaiiOn
Name t1on
Name f"OSil10niATI1118liOn
Name f"OSitiOniAf!illatiOn
Name ;oosltlontAmnanon
Name POSI!IOn/Af!lllatiOn
Name f"OSiliOniATIIIIatiOn
Name f"OSI!IOniAITIIIatiOn
Name f"OSI!IOniAITII18liOn
Please attach resumes for key personnel.
9. Please provide the name and contact information of references from organizations the
agency has served. Please provide at least three (3).
I
;oerson 1 elepnone
erson ! TelephOne
I ~.;omact 1-'erson
10 PI r ease 1st current grants f rom Th Ch'ld e I , T ren s rust:
Grant Name I :serv1ce ;orov1oeo
• ~.oramAmoum
a me 0rant Amount ::>8fVIC8 r'f0VIC80
\.:irant Name
convniffex.i
11 . Pease r t IS curren t corporate an d f d r f d. oun a1on un tng:
Grant Amount e>erv1ce 1-'rovHJea
Grant Amount e>en11ce Provldeo
Grant Amount i e>erv1ce Provided
Grant Amount i :::>erv1ce 1-'fOVIaeo
1 Funding Entity Grant Amount <::>erv1ce Prov1aea
r unding Lntity i ~.;rant Amount <::>erv;ce 1-'rov1aed
12. If funded, is your agency prepared to participate in monthly Miami Beach Service
Partnership Board meetings currently held the third Wednesday of the month at 9:30am?
DYes D No
13. If funded, is your agency prepared to adhere to the Miami Beach Setvice Partnership
Policies and Procedures?
DYes D No
14. If funded, is your agency prepared to post a link from its website to the Miami Beach Service
Partnership webpage located on the City of Miami Beach website?
DYes D No
15. If funded, is your agency prepared to submit accurate, monthly reports with required
documentation by the third of the following month of service provision?
DYes D No
16. If funded, is your agency prepared to assent to the full disclosure of the agency's Partner
Performance Rating (the numerical evaluation of the agency's performance under the
service contract)?
DYes D No
17. If funded, is your agency prepared to provide documentation ensuring that all employees
and/or contractors providing services to minors or the elderly have passed a Level II
background screening?
DYes D No
18. Please provide any additional information regarding your agency or its ability to provide
human services to the Miami Beach community:
Please attach documentation of pertinent certifications, trainings, etc.
'228Jiiwho in
Please attach the following to your submission:
1. Copy of 501(c) 3 designation letter issued by Internal Revenue Service (if
applicable).
2. Articles of Incorporation.
3. Resumes for key personnel.
4. Documentation of pertinent certifications, trainings, etc.
5. Documentation of current liability and Workman's Compensation insurance
coverage.
Return your response to the attention of City Attorney Jose Smith at
mestevez@miamibeachfl.gov, by no later than 1:00 p.m. on October 24, 2012. The City will
contact those firms it wishes to interview to determine which firm will be selected to collaborate
with the City to seek funding and the subsequent provision of services.
e<ce!!enf '229'1/wiro
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Interim City Manager To Award A Contract Pursuant To Request For Proposals
No. 55-11/12 For The Acquisition Of A Mobile And/Or Handheld License Plate Recognition (LPR) Parking
Enforcement System (The RFP); Authorizing The Administration To Enter Into Negotiations With ParkTrak
For The Handheld LPR Parking Enforcement System; Authorizing The Mayor And City Clerk To Execute
An Agreement With The Proposer Upon Completion Of Negotiations By The Administration.
nded Outcome Supported:
• Improve Parking Availability; Improve process through information technology
Supporting Data (Surveys, Environmental Scan, etc: 77% of residents rated availability of Parking
across Miami Beach as too little or much too little.
Issue: I Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation;
The City of Miami Beach Parking Department {the City) is pursuing technology enhancements for its
parking payment systems, including but not limited to multi-space pay stations, municipal permit
programs, including business and residential permits, and potentially pay by phone services. The City
intends to migrate to an LPR enforcement system and eventually have "paperless" parking payment
options and solutions. The payment options shall be delivered through real time web based services
provided by either the vendors' payment platform, or in at least one case, the City's payment platform.
At its July 18, 2012 meeting, the Mayor and City Commission approved the reissuance of the RFP for the
acquisition of a mobile and/or handheld LPR parking enforcement system with an initial term of three (3)
years, and two (2) one-year renewal options.
RFP No. 55-11/12 was issued on July 26, 2012, with a bid opening date of August 20, 2012. BidNet
issued bid notices to 62 prospective proposers, and over 13 proposers were notified via e-mail. Four (4)
proposals were received, three (3) were deemed non-responsive.
The Interim City Manager, via Letter to Commission (LTC) No. 218-2012, dated August 20, 2012,
appointed an Evaluation Committee which convened on August 28, 2012 and August 31, 2012.
The Administration recommends that the Mayor and the City Commission award a contract to ParkTrak
(the only responsive proposal received) for the Handheld License Plate Recognition (LPR) Parking
Enforcement System pursuant to RFP 55-11/12.
ADOPT THE RESOLUTION.
Ad · ,... commendation:
Financial Information:
Source of
Funds:
OBPI
Amount
$280,000
MIAMI BEACH 230
Account
480 Parking Operations Fund FY2013
AGENDA ITEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO; Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
INTERIM CITY MANAGER TO AWARD A CONTRACT PURSUANT TO REQUEST
FOR PROPOSALS NO. 55-11/12 FOR THE ACQUISITION OF A MOBILE AND/OR
HANDHELD LICENSE PLATE RECOGNITION (LPR) PARKING ENFORCEMENT
SYSTEM (THE RFP); AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH PARKTRAK FOR THE HANDHELD LPR PARKING
ENFORCEMENT SYSTEM; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT WITH THE PROPOSER UPON COMPLETION OF
NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
FUNDING
$280,000 Parking Operations Fund for FY 2013-Account: 480
KEY INTENDED OUTCOME
Improve Parking Availability; Improve process through information technology.
BACKGROUND
On March 21, 2012 the City Commission approved the issuance of Request for Proposals
(RFP) No. 35-11/12 for the acquisition of a mobile and handheld License Plate Recognition
(LPR) parking enforcement system.
The RFP was issued on April 20, 2012 and proposals received on May 21, 2012. Two (2)
proposals were received, however neither one provided both solutions in one package. Since
this was a requirement of RFP No. 35-11/12, the Administration disqualified both proposals for
being non-responsive.
231
September 12, 2012
City Commission Memorandum
RFP #55-11 /12-LPR Parking Enforcement
Page 2 of 7
RFP PROCESS
At its July 18, 2012 meeting, the Mayor and City Commission approved the reissuance of the
RFP for the acquisition of a mobile and/or handheld LPR parking enforcement system with an
initial term of three (3) years, and two (2) one-year renewal options.
RFP No. 55-11/12 was issued on July 26, 2012, with a bid opening date of August 20, 2012. A
pre-proposal conference to provide information to the proposers submitting a response was held
on August 3, 2012.
BidNet issued bid notices to 62 prospective proposers, and over 13 proposers were notified via
e-mail, which resulted in the receipt of the following four (4) proposals:
• Dana Safety Supply/ Genetec
• ParkTrak, Inc. (ParkTrak)
• Tannery Creek Systems
• Virtual Parking
After the initial review of the proposals received, it was determined that Virtual Parking was non-
responsive for failure to provide original signed copies of the RFP forms.
SCOPE OF SERVICES
It is the intent of the City to enter into a three (3) year Agreement with the successful Proposer
to provide a Mobile and/or Handheld LPR Parking Enforcement System, with an option for an
additional two (2) year renewal option, at the sole discretion of the Interim City Manager.
The successful Proposer shall be responsible for the following:
1. All hardware and software for the Mobile and/or Handheld LPR System and application.
2. Back-Office Management and Reporting System.
3. The system enables a parking inspector to quickly and easily navigate through a
handheld and/or mobile device and determine the parking payment "status" (valid or
invalid) and other credential information, as determined by the City, of a user/vehicle by
reading the license plate.
4. The System must cross reference various types of parking payment platforms, including
proprietary multi-space pay stations, permit software, pay by phone, and other platforms,
as required.
5. The system will be utilized by parking enforcement personnel 24 hours, 365 days a year
(full time); therefore, the Successful Proposer shall have sufficient resources and
personnel to support and maintain the system.
6. Equipment shall be ruggedized.
7. High accuracy in license plate recognition.
232
September 12, 2012
City Commission Memorandum
RFP #55-11/12-LPR Parking Enforcement
Page 3 of7
MINIMUM REQUIREMENTS AND QUALIFICATIONS
1. The Proposer must have a verifiable proven track record of providing successful mobile
and/or handheld LPR systems and, to that end, must have no fewer than three (3)
consecutive years of experience in comparable municipal parking enforcement
operations and/or related enforcement applications.
2. The Proposer must demonstrate evidence of financial capability sufficient to install,
maintain, and support mobile and handheld LPR systems and services to meet the City's
needs.
3. The Proposer must demonstrate a level of expertise, technical knowledge, innovation,
and overall capacity to provide mobile and/or handheld LPR systems and services with
a high level of success interfacing with multiple payment platforms during variable
periods of high demand, including unforeseeable circumstances.
MINIMUM TECHNICAL SOFTWARE REQUIREMENTS
1. Software in the LPR must read real time parking data from the City's parking database
for both mobile and handheld LPR devices.
2. Software must be compatible with Windows 7 Desktop.
3. Software must have the ability to create internal and external reports
4. Proposer must have successfully completed at least three {3) externally hosted software
packages for a comparable parking system equal to most, if not all, of the above
specifications, including software merging of an existing data/history within the past four
(4) years.
5. Successful proposer will be responsible for all sub-contracted solutions and/or third party
software.
6. Proposer must provide on-site training for implementation.
7. Proposer shall be responsible for all service to the database website reporting.
8. All data must be owned by the City.
The Interim City Manager, via Letter to Commission (LTC) No. 218-2012, dated August 20,
2012, appointed an Evaluation Committee ("the Committee") consisting of the following
individuals:
• Hernan Cardeno, Division Commander, Code Compliance
• Robert Biles, Applications Systems Manager, Information Technology Department
• Mark Spencer, Parking Operations Manager, Parking Department
• Jo Asmundsson, CMB Leadership Academy, Resident
• Alexandra Argudin, Chief Operations Officer, Miami Parking Authority
Alternates:
• Nelson Martinez, Systems Support Manager, Information Technology Department
• Humberto Escandon, Enforcement Manager, Miami Parking Authority
Committee members Alexandra Argudin and Humberto Escandon recused themselves from the
Committee due to perceived conflict of interest with firms being evaluated.
233
September 12, 2012
City Commission Memorandum
RFP #55-11/12-LPR Parking Enforcement
Page 4 of 7
On August 28, 2012, at the request of the Interim City Manager to add another resident to the
Committee, a City of Miami Beach Leadership Academy Graduate and resident was contacted
to serve on the Committee. Added with the approval of the Interim City Manager, Ms. Francine
Medera was appointed to the Committee.
The Committee convened on August 29, 2012, and a quorum was attained. The Committee was
provided with general information on the scope of services, Performance Evaluation Surveys
and additional pertinent information from the proposers.
The Committee was also provided with presentations and demonstrations of the product from all
proposers with the intent of focusing the discussion on the Scope of Services. The Committee
discussed their individual perceptions of the proposers' product, qualifications, experience, and
competency, and further ranked the proposers accordingly.
The following Evaluation Criteria was used to evaluate and rank the proposals received in
response to the RFP:
• Proposer's experience and qualifications in providing mobile and/or handheld
LPR systems and services: 25 points
• Cost to the City: 25 points
• Mobile and/or Handheld LPR System capabilities, performance, and durability:
25 points
• Technical knowledge, innovation, and overall capacity to provide mobile and/or
handheld LPR systems and services: 15 points
• Past performance based on references, information provided in the proposal
submission, and performance evaluation surveys: 10 points
Additional Points:
• Local Preference: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a Miami
Beach-based vendor as defined in the City's Local Preference Ordinance.
• Veterans Preference: The Evaluation Committee will assign an additional five
(5) points to Proposers, which are, or include as part of their proposal team, a
small business concern owned and controlled by a veteran(s) or a service-
disabled veteran business enterprise, as defined in the City's Veterans
Preference Ordinance.
The Committee members unanimously agreed to separate the scoring by device proposed,
Mobile or Handheld LPR Parking Enforcement systems.
A motion (which was unanimous) was made to recommend that the Administration enter into
negotiations with the Committee's top-ranked proposer, Tannery Creek Systems; and should
the negotiations be unsuccessful, that it negotiate with the second ranked proposer, ParkTrak
for the handheld and Dana Safety Supply for the Mobile LPR Parking Enforcement systems.
234
September 12, 2012
City Commission Memorandum
RFP #55-11112-LPR Parking Enforcement
Page 5 of 7
It is important to note that during each proposer's presentations, Committee member, Robert
Biles, Applications Systems Manager of the City's Information Technology Department (IT),
specifically inquired about the proposers' method of hosting and managing the software, as well
as the intended location of the server. The Minimum Technical Software Requirements
(specifically, No. 4) of the RFP, which was further clarified in Addendum No.1, required that the
vendor must externally host and manage the software.
Based on the aforementioned, the Administration discussed the information that became
apparent during vendor interviews and agreed that it would be necessary to seek clarification
from each proposer.
The additional information obtained from each proposer confirmed that Tannery Creek Systems
and Dana Safety Supply did not meet Minimum Technical Software Requirement, No. 4, and
were therefore deemed non-responsive to the RFP.
As a result, the Committee reconvened on August 31, 2012 to discuss the findings and make a
new motion. A motion, which was unanimous, was made to recommend ParkTrak for an award
of the handheld LPR parking enforcement system and to recommend the issuance of an RFP
for a mobile LPR parking enforcement system.
COMPANY'S PROFILE
ParkTrak has been delivering parking solutions since 1994 as a division of a parking
enforcement collections parent company; ParkTrak became independent in 2001 with the sole
purpose of providing handheld parking solutions. ParkTrak is headquartered in Spokane,
Washington.
ParkTrak develops, markets, implements and supports handheld solutions for a broad segment
of parking, security and revenue control applications. The company's parking specific
application software and handheld devices provide enforcement, revenue control, tracking, and
office management solutions to municipal, institutional and private parking operations across
North America. The company also offers a full range of services including integration, training,
and support.
ParkTrak proposes a parking ticket management system with the option of imaging technology
to increase ticket accuracy, decrease ticket appeals, and enhance permit management through
embedded License Plate Recognition (LPR), appending photographic notes; wireless printing,
and interfaces for electronic pay-by-space and pay-and-display machines. Their solution will
integrate with the City of Miami Beach's existing parking management and cash receipting
system and currently integrates with multiple public sector systems, comparable to the SunGard
Public Sector System.
Furthermore, ParkTrak will provide the required hours of application training. Typical
installations are done with pre-installation work done with the client before the technician
arriving, and two days or more onsite training of the software and handhelds. Additional training
is available remotely via a VPN or by phone as needs dictate. Web training can also be
arranged using various web conferencing tools.
235
September 12, 2012
City Commission Memorandum
RFP #55-11 /12-LPR Parking Enforcement
Page 6 of 7
ParkTrak has worked with mobile LPR parking enforcement system providers; Hi-Tech
Solutions, PIPS-A Federal Signal Company, and Genetec. They have externally hosted
handheld parking enforcement systems for Concord Parking of Vancouver, British Columbia,
Canada, Colonial Parking of Washington, DC and Value Parking of Nashville, Tennessee.
A copy of the price proposal has been attached herein.
INTERIM CITY MANAGER'S DUE DILIGENCE
After considering the review and recommendation of Evaluation Committee, the Interim City
Manager exercised her due diligence and is recommending that the Mayor and the City
Commission authorize negotiations with ParkTrak for the handheld LPR parking enforcement
system.
Furthermore, since ParkTrak (which is the sole responsive proposer to the RFP) only included a
proposal for the handheld system, it is the City Administration's intent to proceed with the
purchase of a mobile LPR parking enforcement system, either via "piggybacking" on to another
public contract or other method (which may include bringing this component back to
Commission at a future date as a request for waiver of competitive bidding).
CONCLUSION
The Administration recommends that the Mayor and the City Commission accept the
recommendation of the Interim City Manager to award a contract pursuant to Request for
Proposals No. 55-11/12 for the Acquisition Of A Mobile And/Or Handheld License Plate
Recognition (LPR) Parking Enforcement System (the RFP); authorizing the Mayor and City
Clerk to execute an agreement with the proposer upon completion of negotiations by the
Administration.
KGB/POW/SF
236
September 12, 2012
City Commission Memorandum
RFP #55-11112-LPR Parking Enforcement
Page 7 of 7
ParkTrak, Inc.
8609 North Divls!on St.
Spokane, Wa 99208
888-877-6212 FAX 509-323-9541
Ms. Cristina Delvat, Contracts Compliance Specialist
City Hail
Procurement D!vlsion
Third Floor
1700 Convention Center
Miami !leach, FL 33139
Product Description
Park T rak Net Pi:irking Enforcement Software
lntermec CN5D Handheld Unit & Software
Charging Quad
Protective Case
Spare Ba\tmy
EMS Handheld Interface
Dir-ect Handheld Unit Permit Integration
ParkMobile Integration
License Plate Reccgnilion Handheld Sollware
Quantity Discount (See Chart Below)
GPRS Data Plan
Quote
ENFORCEMENT QUOTE
1
41
12
47
47
47
47
47
47
Rate
!m:!udml
4,£'9SAJO
195,00
!lB.OO
iSS.
Project
-$1 15,455.4()
Installation and Training por day 'doe!; not include travel and expenses
Quantity Discount Chart
Number of Units -Discount
{) -10 0%
li-20 10%
21-30 20%
30+ 30%
Quote and service agreement must be initialed and signed,
lnitbls ____ .,.
Page of 1
237
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO
AWARD A CONTRACT PURSUANT TO REQUEST FOR PROPOSALS NO. 55-11/12 FOR
THE ACQUISITION OF A MOBILE AND/OR HANDHELD LICENSE PLATE
RECOGNITION (LPR) PARKING ENFORCEMENT SYSTEM (THE RFP); AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PARKTRAK FOR THE
HANDHELD LPR PARKING ENFORCEMENT SYSTEM; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE PROPOSER UPON
COMPLETION OF NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on July 18, 2012, the Mayor and City Commission approved the
reissuance of the RFP for the acquisition of a mobile and/or handheld LPR parking
enforcement system with an initial term of three (3) years, and two (2) one-year renewal
options.; and
WHEREAS, the RFQ was issued on July 26, 2012, with a bid opening date of August
20, 2012; and
WHEREAS, a pre-proposal conference to provide information to the proposers
submitting a response was held on August 3, 2012; and
WHEREAS, BidNet issued bid notices to 62 prospective proposers, and over 13
proposers were notified via e-mail, which resulted in the receipt of the following four (4)
proposals from, Dana Safety Supply/ Genetec, ParkTrak, Inc. (ParkTrak), Tannery Creek
Systems, and Virtual Parking; and
WHEREAS, after the initial review of the proposals received, it was determined that
Virtual Parking was non-responsive for failure to provide original signed copies of the RFP
forms; and
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 217-2012,
appointed the following individuals as Evaluation Committee (the "Committee") members:
• Hernan Cardeno, Division Commander, Code Compliance
• Robert Biles, Applications Systems Manager, Information Technology
Department
• Mark Spencer, Parking Operations Manager, Parking Department
• Jo Asmundsson, CMB Leadership Academy, Resident
• Alexandra Argudin, Chief Operations Officer, Miami Parking Authority
Alternates:
• Nelson Martinez, Systems Support Manager, Information Technology
Department
• Humberto Escandon, Enforcement Manager, Miami Parking Authority
WHEREAS, Committee members Alexandra Argudin and Humberto Escandon
recused themselves from the Committee due to perceived conflict of interest with firms being
evaluated; and
238
WHEREAS, on August 28, 2012, at the request of the City Manager to add another
resident to the Committee, a City of Miami Beach Leadership Academy Graduate and
resident was contacted to serve on the Committee; and
WHEREAS, added with the approval of the City Manager, Ms. Francine Medera was
appointed to the Committee; and
WHEREAS, the Committee convened on August 29, 2012, and a quorum was
attained; and
WHEREAS, the Committee was also provided with presentations and
demonstrations of the product from all proposers with the intent of focusing the discussion on
the Scope of Services; and
WHEREAS, the Committee members unanimously agreed to separate the scoring by
device proposed, Mobile or Handheld LPR Parking Enforcement systems; and
WHEREAS, a motion (which was unanimous) was made to recommend that the
Administration enter into negotiations with the Committee's top-ranked proposer, Tannery
Creek Systems; and should the negotiations be unsuccessful, that it negotiate with the
second ranked proposer, ParkTrak for the handheld and Dana Safety Supply for the Mobile
LPR Parking Enforcement systems; and
WHEREAS, during each proposer's presentations, Committee member, Robert Biles,
Applications Systems Manager of the City's Information Technology Department (IT),
specifically inquired about the proposers' method of hosting and managing the software, as
well as the intended location of the server; the Minimum Technical Software Requirements
(specifically, No. 4) of the RFP, which was further clarified in Addendum No.1, required that
the vendor must externally host and manage the software; and
WHEREAS, based on the aforementioned, the Administration discussed the
information that became apparent during vendor interviews and agreed that it would be
necessary to seek clarification from each proposer; and
WHEREAS, the additional information obtained from each proposer confirmed that
Tannery Creek Systems and Dana Safety Supply did not meet Minimum Technical Software
Requirement, No. 4, and were therefore deemed non-responsive to the RFP; and
WHEREAS, as a result, the Committee reconvened on August 31, 2012 to discuss
the findings and make a new motion; and
WHEREAS, a motion, which was unanimous, was made to recommend ParkTrak for
an award of the handheld LPR parking enforcement system, and to recommend the
issuance of an RFP for a mobile LPR parking enforcement system; and
WHEREAS, after considering the review and recommendation of Evaluation
Committee, the Interim City Manager exercised her due diligence and is recommending that
the Mayor and the City Commission authorize negotiations with ParkTrak for the handheld
LPR parking enforcement system; and
239
WHEREAS, since ParkTrak (which is the sole responsive proposer to the RFP) only
included a proposal for the handheld system, it is the City Administration's intent to proceed
with the purchase of a mobile LPR parking enforcement system, either via "piggybacking" on
to another public contract or other method (which may include bringing this component back
to Commission at a future date as a request for waiver of competitive bidding).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission accept
the recommendation of the City Manager to award a contract pursuant to Request for
Proposals No. 55-11/12 for the Acquisition Of A Mobile And/Or Handheld License Plate
Recognition (LPR) Parking Enforcement System (the RFP); authorizing the administration to
enter into negotiations with ParkTrak for the handheld LPR parking enforcement system;
authorizing the Mayor and City Clerk to execute an agreement with the proposer upon
completion of negotiations by the Administration.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\9-12-12\RFP #55-11-12 LPR Parking Enforcement System-Reso.docx
240
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTlON
i\"\ l~
Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Finance and Citywide Projects Committee (FCWPC) at their July
10, 2012 meeting to extend the current management agreement with Professional Course Management II Ltd.,
(PCM) on a month-to-month basis while the Administration meets with PCM to discuss any additional benefits that
would be proffered to the City in consideration of waiving the competitive bidding process and report back to the
Committee upon the conclusion of the discussions for further direction.
Intended Outcome Su rted:
ease satisfaction with family recreational activities
porting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 85% of
· ents rated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission accept the recommendation of the FCWPC to extend the current management
agreement with PCM on a month-to-month basis while Administration meets with PCM to negotiate additional benefits
that would be proffered to the City in consideration of waiving the competitive bidding process and report back to the
Committee upon the conclusion of the discussion for further direction?
Item Summary/Recommendation:
The current management agreement with PCM for the management and operations of the City's Miami Beach Golf
Club (including the Par 3 golf course) and the Normandy Shores Golf Club is due to expire on September 30, 2012.
A discussion of the current management and operations of the City's Miami Beach golf courses, clubhouses and
related facilities was referred to the FCWPC at the February 8, 2012 City Commission meeting.
The Committee considered the matter at its July 10, 2012 meeting. The Committee discussed whether the City
should prepare a Request for Proposals (RFP) to be issued with the intent of having a new management agreement
presented to the City Commission as soon as possible, or to waive the competitive bidding process and enter into
negotiations with Professional Course Management for the continued management and operations of the City's Golf
Course, Clubhouses and Related Facilities.
Chairperson Weithorn stated that PCM should give the City additional benefits in consideration of waving competitive
bidding. Commissioner Tobin felt that the contract should go out to bid to see what the market is like. At the
conclusion of the discussion the Committee recommended the contract be extended on a month-to-month basis, that
the Administration meet with PCM to evaluate terms of a new agreement, and that Staff provide more detailed
information on the cost of other golf course management companies and how the golf courses are maintained.
The Administration concurs that the current golf courses management agreement should be extended on a month-to-
month basis while the Administration meets with PCM to discuss any additional benefits that would be proffered to
the City in consideration of waiving the competitive bidding process and report back to the Committee upon the
conclusion of the discussion for further direction.
Adviso Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: N/A
mith, Director of Parks and Recreation
s ffs:
Department Director
KS
T: \2012\9-12-12\Golf Courses Managment
MIAMI BEACH 241
AGENDA ITEM _C-__ _
DATE f ... /.:J-/2-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gav
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City mmission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AT THEIR JULY 10, 2012 MEETING, TO EXTEND THE
CURRENT MANAGEMENT AGREEMENT WITH PROFESSIONAL
COURSE MANAGEMENT II, LTD. (PCM}, WHICH EXPIRES ON
SEPTEMBER 30, 2012, ON A MONTH-TO-MONTH BASIS UNTIL
SUCH TIME AS A NEW MANAGEMENT AGREEMENT FOR THE
MANAGEMENT AND OPERATIONS OF THE CITY OF MIAMI BEACH
GOLF COURSES, CLUBHOUSES AND RELATED FACILITIES IS
AUTHORIZED BY THE CITY COMMISSION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs
BACKGROUND
On September 5, 2007, a new management agreement with Professional Course Management II,
Ltd., (PCM) for the management and operations of the City's Miami Beach Golf Club (including the
Par 3 golf course) and the Normandy Shores Golf Club, was approved by the City of Miami Beach
Commission. This agreement commenced on October 1, 2007 and is due to expire on September
30, 2012.
A discussion of the current management and operations of the City's Miami Beach golf courses,
clubhouses and related facilities and the options/direction for the future management agreement
was referred by the Mayor and Members of the City Commission to the Finance and Citywide
Projects Committee (FCWPC) at the February 8, 2012 Commission meeting. The issue was
included in the April 19, 2012 FCWPC agenda and following a brief discussion was referred to the
Committee's July 10, 2012 meeting for further discussion and possible recommendation(s).
242
September 12, 2012
Resolution Extending the Current Golf Courses, Clubhouses and Related Facilities Management Agreement
Page 2 of 2
ANALYSIS
The Finance and Citywide Projects Committee discussed the management of the City's golf
courses at its July 10, 2012 meeting. More specifically, the members focused on the success of
PCM has had in operating the City's golf courses and clubhouses since the initiation of the first full-
service management agreement was implemented in 2003. It was stated that for the term of the
management agreements, PCM has managed the City's golf clubs at high service levels, and has
received positive comments from the City's residents, tourists and day guests with no complaints to
the Commission or the Administration.
The Committee also discussed whether the City should prepare a Request for Proposals (RFP) to
be issued with the intent of having a new management agreement presented to the City
Commission as soon as possible, or to waive the competitive bidding process and enter into
negotiations with PCM for the continued management and operations of the City's Golf Courses,
Clubhouses and Related Facilities.
Chairperson Weithorn stated that PCM should give the City additional benefits in consideration of
waving competitive bidding. Commissioner Tobin felt that the contract should go out to bid to see
what the market is like. At the conclusion of the discussion the Committee recommended the
contract be extended on a month-to-month basis, that the Administration meet with PCM to
evaluate terms of a new agreement; simultaneously that staff is to provide more detailed
information on the cost of other golf course management companies and how the golf courses are
maintained and report the results of the negotiations and golf course comparisons back to the
Committee for further direction.
CONCLUSION
Based on the recommendations of the Finance/Citywide Projects Committee the Administration
concurs that the current golf courses management agreement should be extended on a month-to-
month basis while the Administration meets with PCM to negotiate terms of a new agreement;
simultaneously that staff is to provide more detailed information on the cost of other golf course
management companies and how the golf courses are maintained and report the results of the
negotiations and golf course comparisons back to the FCWPC for further direction.
KGB/MAS/KS
T:\AGENDA\2012\9-12-12\Golf Courses Managment Agreement Extension -Comm Memo 9-12-12.doc
243
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT THEIR JULY 10, 2012 MEETING, TO
EXTEND THE CURRENT MANAGEMENT AGREEMENT WITH
PROFESSIONAL COURSE MANAGEMENT II, L TO. (PCM), WHICH
EXPIRES ON SEPTEMBER 30, 2012, ON A MONTH-TO-MONTH
BASIS UNTIL SUCH TIME AS A NEW MANAGEMENT
AGREEMENT FOR THE MANAGEMENT AND OPERATIONS OF
THE CITY OF MIAMI BEACH GOLF COURSES, CLUBHOUSES
AND RELATED FACILITIES IS AUTHORIZED BY THE CITY
COMMISSION.
WHEREAS, the management agreement with PCM for the management and operation
of the City's Miami Beach Golf Club (including the Par 3 golf course) and the Normandy Shores
Golf Club that commenced on October 1, 2007 is due to expire on September 30, 2012; and
WHEREAS, a discussion of the current management and operation of the City's golf
courses, clubhouses, and related facilities and the options/direction for the future management
agreement was referred by the Mayor and Members of the City Commission to the Finance and
Citywide Projects Committee (FCWPC) at the February 8, 2012 Commission meeting; and
WHEREAS, the issue was included on the April 19, 2012 FCWPC agenda and, following
a brief discussion, was referred to the Committee's July 10, 2012 meeting for further discussion
and possible recommendation(s); and
WHEREAS, the FCWPC discussed the management of the City's golf courses at its July
10, 2012 meeting; and
WHEREAS, during the July 10, 2012 meeting, it was acknowledged that, for the term of
the management agreements, PCM has managed the City's golf clubs at high service levels,
and has received positive comments from the City's residents, tourists, and day guests, with no
complaints to the Commission or the Administration; and
WHEREAS, during the July 10, 2012 meeting, the Committee also discussed whether
the City should prepare a Request for Proposals (RFP) to be issued with the intent of having a
new management agreement presented to the City Commission as soon as possible, or to
waive the competitive bidding process and enter into negotiations with PCM for the continued
management and operations of the City's Golf Courses, Clubhouses, and Related Facilities; and
244
WHEREAS, at the conclusion of the discussion, the Committee recommended the
contract be extended on a month-to-month basis, that the Administration meet with PCM to
negotiate terms of a new agreement; and, simultaneously, that staff provide more detailed
information on the cost of other golf course management companies and how the golf courses
are maintained and report the results of the negotiations and golf course comparisons back to
the Committee for further direction; and
WHEREAS, based on the recommendations of the Finance/Citywide Projects
Committee, the Administration concurs that the current golf courses management agreement
should be extended on a month-to-month basis while the Administration meets with PCM to
negotiate terms of a new agreement; and, simultaneously, that staff provide more detailed
information on the cost of other golf course management companies and how the golf courses
are maintained and report the results of the negotiations and golf course comparisons back to
the FCWPC for further direction.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee at its July 10, 2012 meeting to extend the current agreement with Professional
Course Management II, Ltd. (PCM), which expires on September 30, 2012, on a month-to-
month basis until such time as a new management agreement for the management and
operations of the City Miami Beach Golf Courses, Clubhouses, and Related Facilities is
authorized by the City Commission.
PASSED and ADOPTED this ____ day of September, 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR
T:\AGENDA \2012\9-12-12\Golf Courses Managment Agreement Extension -Reso •. doc
245
NTI
246
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the Ctiy
Manager and City Clerk to execute a new multi-jurisdictional voluntary cooperation mutual aid agreement
by the City of Miami Beach, on behalf of the Miami Beach Police Department, for the purpose of
participating in the South Florida Florida Money Laundering Strike Force (SFMLSF) which is dedicated to
the intensive and preventative investigations of illegal money laundering and drug trafficking operations
throughout South Florida,
Key Intended Outcome Supported:
Maintain crime at or below national trends,
Supporting Data (Surveys, Environmental Scan, etc.): In 2010, the SFMLS conducted two (2)
nvestlgations on Miami Beach, and 3 investigations in 2013. In 2010, the Miami Beach Police
Department received $234,750.03 in forfeiture monies, and $123,008.31 in 2011. Firearms recovered
n 2010 totaled 5, and in 2011, 22 firearms were recovered. The total number of arrests by the
<tt:!:li\!V!Ce totaled 77 in 2010, and 71 in 2011. 220.5 pounds of marijuana and 7 kilograms of heroin
were seized in 2010, and 4,398 oounds of marijuana and 20 kilograms of heroin were seized in 2011.
Issue:
I the City of Miami Beach execute a Mutual Aid Agreement with the South Florida Money Launde
· e Force?
Item Summary/Recommendation:
In 1994, pursuant to Resolution No. 94-21431, the Mayor and City Commission authorized the Mayor and
City Clerk to execute a Mutual Aid Agreement with the Florida Department of Law Enforcement -South
Florida Money Laundering Strike Force (SFMLSF) for the purpose of utilizing the South Florida Money
Laundering Strike Force to facilitate state and local money laundering investigation.
In 2008, the MBPD assigned one Sergeant and four Detectives to the SFML TF. Since that time, the
number of assigned personnel has declined due to competing priorities. In 2011, there were one Sergeant
and three Detectives assigned to the SFML TF. In 2012, a decision was made to only assign 2 Detectives
to this taskforce, and to reassign the returning Sergeant and Detective to the Career Criminals Squad, a
newly created entity in the MBPD, which will focus on repeat violent offenders in order to address street
crime. These Officers will work closely with the State Attorney's Office to ensure the these individuals are
prosecuted to the fullest extent of the law.
The SFML TF will continue to reimburse the assigned 2 Detectives for overtime related to investigations and
the lease of vehicles. The shares derived from confiscated US Currency awarded to the MBPD is based on
the number of assigned Detectives to the SFML TF, the time spent on a specific investigation and the
number of other participating agencies and their time associated with the specific investigation. The
Administration recommends that the Mayor and City Commission adopt this Resolution that will allow the
citizens of the City to continue to derive benefits from this Mutual Aid Agreement extension.
Advisory Board Recommendation:
Financial Information:
Source of
Funds:
OBPI
1
2
Amount
Assistant City Manage
MlAMIBEACH
247
Account
AGENDA lTEM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE A NEW, MULTI-JURISDICTIONAL
VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, BY THE CITY
OF MIAMI BEACH, ON BEHALF OF THE MIAMI BEACH POLICE
DEPARTMENT, FOR THE PURPOSE OF PARTICIPATING IN THE SOUTH
FLORIDA MONEY LAUNDERING STRIKE FORCE WHICH IS DEDICATED
TO THE INTENSIVE AND PREVENTATIVE INVESTIGATIONS OF
ILLIEGAL MONEY LAUNDERING AND DRUG TRAFFICKING
OPERATIONS THORUGHOUT SOUTH FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
In 1994, pursuant to Resolution No. 94-21431, the Mayor and City Commission
authorized the Mayor and City Clerk to execute a Mutual Aid Agreement with the Florida
Department of Law Enforcement -South Florida Money Laundering Strike Force
(SFMLSF) for the purpose of utilizing the South Florida Money Laundering Strike Force
to facilitate state and local money laundering investigation. This Agreement was
extended in 1998, 2003, 2008 and 2009, by the consent of both of parties. Both parties
wish to extend the Agreement again to September 1, 2015.
This SFMLSF composed of the following State, County and Municipal law enforcement
agencies including the: City of Coral Gables Police Department, City of Miami Police
Department, City of Miami Shores Police Department, City of Hallandale Police
Department, City of Golden Beach Police Department, City of North Miami Police
Department, Village of Indian Creek Police Department, City of Fort Lauderdale Police
Department, City of Davie Police Department, City of Hialeah Police Department, Town
of Surfside Police Department, City of Doral Police Department, Monroe County Sheriff's
Department and the Office of the State Attorney of the ELEVENTH Judicial Circuit of
Florida. The SFMLSF is intended to combat illegal money laundering, drug trafficking
and other criminal offenses through coordinated and long term investigations, forfeitures
and criminal prosecutions. Since its inception the SFMLSF has been an effective crime
fighting tool in the south Florida area.
248
ANALYSIS
In 2008, the MBPD assigned one Sergeant and four Detectives to the SFML TF. Since
that time, the number of assigned personnel has declined due to competing priorities.
In 2011, there were one Sergeant and three Detectives assigned to the SFML TF. In
2012, a decision was made to only assign 2 Detectives to this taskforce, and to reassign
the returning Sergeant and Detective to the Career Criminals Squad, a newly created
entity in the MBPD, which will focus on repeat violent offenders in order to address street
crime. These Officers will work closely with the State Attorney's Office to ensure the
these individuals are prosecuted to the fullest extent of the law.
The SFML TF will continue to reimburse the assigned 2 Detectives for overtime related to
investigations and the lease of vehicles. The shares derived from confiscated US
Currency awarded to the MBPD is based on the number of assigned Detectives to the
SFML TF, the time spent on a specific investigation and the number of other participating
agencies and their time associated with the specific investigation.
Participating in the SFMLSF has for the past two (2) years has led to the following
enforcement productivity:
Forfeitures 2010 2011
MBPD US $234,750.03 $123,008.31
Currency Share
Firearms 5 22
Arrests 77 71
Vehicles 7 5
~na 220.50 Lbs. 4,398 Lbs.
n 7 Kilograms 20 Kilograms
Cocaine 414.50 Kilograms 179.4 Kilograms
Over the last two (2) years, the SFML TF has investigated cases on Miami Beach.
Following is a summary of these cases:
• On May 10, 2010, members of the Strike Force conducted surveillance on a
subject of interest involved in a money pick-up in the South District of Miami
Beach. A traffic stop was conducted in the area of 141h Street and Bay Rd. which
resulted in approximately $100,000 seized from the vehicle.
• On May 26, 2010, members of the Strike Force observed a local money pick-
up/seizure of $200,000 in the area of 73rd Street and Collins Avenue. This
investigation led to the seizure of nearly 1.8 million dollars from the narcotics
trafficker's room at the Loews Hotel. Twenty-six kilograms of cocaine was seized
during the course of the investigation and 3 subjects were arrested.
• On June 24, 2011, members of the Strike Force worked a local money pick up in
the Middle District, where they observed two persons of interest that were
identified as Miami Beach residents, the investigation is on-going.
• On June 27, 2011, members of the Strike Force worked a local money pick-up in
the South District of Miami Beach. The person of interest was intercepted prior
to the pre-arranged "meet" and approximately $150,000 was seized.
• On August 1, 2011, members of the Strike Force investigated a money
laundering/narcotics criminal enterprise that ultimately led back to the South
District in Miami Beach where the main narcotics trafficker resides. During the
course of the investigation, 5 kilograms of cocaine was seized and 3 arrests
made.
249
The Administration recommends that the Mayor and City Commission adopt this
Resolution that will allow the citizens of the City to continue to derive benefits from this
Mutual Aid greement extension.
9-12-12\CommissionMemoSFML TF2012MutuaiAidAgreement.docx
250
RESOLUTION-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE A NEW,
MULTI-JURISDICTIONAL VOLUNTARY COOPERATION
MUTUAL AID AGREEMENT, BY THE CITY OF MIAMI BEACH,
ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT,
FOR THE PURPOSE OF PARTICIPATING IN THE SOUTH
FLORIDA MONEY LAUNDERING STRIKE FORCE WHICH IS
DEDICATED TO THE INTENSIVE AND PREVENTATIVE
INVESTIGATIONS OF ILLEGAL MONEY LAUNDERING AND
DRUG TRAFFICKING OPERATIONS THROUGHOUT SOUTH
FLORIDA.
WHEREAS, Resolution No. 94-21431 authorized the Mayor and City Clerk to
execute a Mutual Aid Agreement with the Florida Department of Law Enforcement -
South Florida Money Laundering Strike Force for the purpose of utilizing the South
Florida Money Laundering Strike Force to facilitate state and local money laundering
investigations; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police
Department, now seeks to execute a new successor multi-jurisdictional Mutual Aid
Agreement, commencing on September 1, 2012 and ending on September 1, 2015; and
WHEREAS, this multi-jurisdictional task force has authority as granted under
Part I, Chapter 23, Florida Statutes, "The Florida Mutual Aid Act," to enter into a
voluntary cooperation agreement for cooperation and assistance of a routine law
enforcement nature that crosses jurisdictional lines; and
WHEREAS, the City of Miami Beach is authorized to enter into the South Florida
Money Laundering Strike Force Voluntary Cooperation Mutual Aid Agreement, which is
intended to combat illegal money laundering, drug trafficking and other criminal offenses
through coordinated and long-term investigations, forfeitures and criminal prosecutions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and
City Clerk are hereby authorized to execute a new, multi-jurisdictional Voluntary
Cooperation Mutual Aid Agreement, by the City of Miami Beach, on behalf of the Miami
Beach Police Department, for the purpose of participating in the South Florida Money
Laundering Strike Force which is dedicated to the intensive and preventative
investigations of illegal money laundering and drug trafficking operations throughout
South Florida.
PASSED and ADOPTED this ___ day of September, 2012.
ATTEST BY:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR APPROVED AS TO
251
FORM & LANGUAGE
& FOR
LAN
252
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Miami Beach Police Department to enter into a Memorandum of
Understandin to artici ate in the securit for the 2013 Presidentiallnau uration in Washin ton D.C.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the City of Miami Beach execute a Memorandum of Understanding with the Metropolitan Police
Department of Washington, D.C. to provide crowd control and security for the 2013 Presidential
Inauguration in Washington, D.C.?
Item Summary/Recommendation:
The Miami Beach Police Department (MBPD) has been invited by the Metropolitan Police Department
(MPD) of Washington D.C. to assist with the security and crowd control for the 2013 Presidential
Inauguration in Washington D.C. To facilitate this effort, the Presidential Inauguration Task Force was
formed with state, local and federal law enforcement agencies to effectively promote the safety of the
President of the United States, inaugural participants, the public, visitors and residents, while allowing
individuals and groups to exercise their legal rights.
In order to fulfill the operational needs of this detail, a compliment of 40 MBPD sworn personnel will be
selected to participate. MBPD personnel will be deputized as Special Deputy U.S. Marshalls and
deputation authority by the United States Attorney General to ensure proper law enforcement powers.
In addition, all costs associated with salaries, overtime, travel, room and board will be reimbursed by
the District of Columbia with funds provided by the United States general revenue fund.
In addition, all costs associated with salaries, overtime, travel, room and board will be reimbursed by
the District of Columbia with funds provided by the United States general revenue fund. Travel to
Washington, D.C. will be via airplane beginning January 16 and returning on January 22, 2013. By
participating in this event, the MBPD personnel will gain valuable experience in major event
coordination and receive national exposure.
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
2
...
OBPI Total
rmanc•al Impact Summary:
NA
City Clerk's 0 is1ative Tracking:
Michael Gruen, Manager
Planning and Research Section . St n-Offs:
Department Director ger
Raymond A. Martinez,
Police Chief
T:\AGENDA \2012\9-12-12\Commission ltemSummary2013Presidentiallnauguration.docx
MIAMI BEACH
253
Account
City Manager
AGENDA ITEM-----
DATE ---!..--'--"c..........!'"""""""""'"-
MIAMI BEACH
of Miami 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfi.gov
MEMO#
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
May~r Matti Herrera B~wer _and Members of the City ~m~ssion
Kathie G. Brooks, lntenm C1ty Manager · "' 4'--·
September 12, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY MANAGER, AND
CITY CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING, ON
BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, BETWEEN THE
CITY OF MIAMI BEACH, THE METROPOLITAN POLICE DEPARTMENT OF
WASHINGTON D.C. AND THE UNITED STATES ATTORNEY FOR THE
DISTRICT OF COLUMBIA, FOR THE PURPOSE OF PARTICIPATING IN
THE PRESIDENTIAL INAUGURATION TASK FORCE, TO PROVIDE
CROWD CONTROL AND SECURITY FOR THE 2013 UNITED STATES
PRESIDENTIAL INAUGURATION IN WASHINGTON D.C. ON JANUARY 21,
2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Miami Beach Police Department (MBPD) has been invited by the Metropolitan
Police Department (MPD) of Washington D.C. to assist with the security and crowd
control for the 2013 Presidential Inauguration in Washington D.C.
It has been the practice of the MPD, United States Secret Service, United States
Marshalls Service, National Park Service and the Federal Bureau of Investigation to
utilize local and state police agencies from throughout the United States to assist in
providing security and crowd control during Presidential Inaugurations. To facilitate this
effort, the Presidential Inauguration Task Force was formed with state, local and federal
law enforcement agencies to effectively promote the safety of the President of the United
States, inaugural participants, the public, visitors and residents, while allowing
individuals and groups to exercise their legal rights.
In order to fulfill the operational needs of this detail, a compliment of 40 MBPD sworn
personnel will be selected to participate. MBPD personnel will be deputized as Special
Deputy U.S. Marshalls and deputation authority by the United States Attorney General to
ensure proper law enforcement powers.
In addition, all costs associated with salaries, overtime, travel, room and board will be
reimbursed by the District of Columbia with funds provided by the United States general
revenue fund. Travel to Washington, D.C. will be via airplane beginning January 16 and
returnin on January 22, 2013. By participating in this event, the MBPD personnel will
gain val le experience in major event coordination and receive national exposure.
KGB/
254
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER, AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING, ON BEHALF OF THE MIAMI BEACH POLICE
DEPARTMENT, BETWEEN THE CITY OF MIAMI BEACH, THE
METROPOLITAN POLICE DEPARTMENT OF WASHINGTON D.C.
AND THE UNITED STATES ATTORNEY FOR THE DISTRICT OF
COLUMBIA, FOR THE PURPOSE OF PARTICIPATING IN THE
PRESIDENTIAL INAUGURATION TASK FORCE, TO PROVIDE
CROWD CONTROL AND SECURITY FOR THE 2013 UNITED STATES
PRESIDENTIAL INAUGURATION IN WASHINGTON D.C. FROM
JANUARY 16, 2013 THROUGH JANUARY 22, 2013.
WHEREAS, the Metropolitan Police Department of Washington D.C., in conjunction with
the United States Secret Service, the United States Marshals Service, National Park Service
and the Federal Bureau of Investigation, utilizes local and state police agencies to assist in
providing security and crowd control during Presidential Inaugurations; and
WHEREAS, the Presidential Inauguration Task Force (PITF) was formed in order to
coordinating with state, local and federal law enforcement agencies, and to effectively promote
the safety of the President of the United States and other inaugural participants, during the
Presidential Inauguration in Washington D.C.; and
WHEREAS, the Miami Beach Police Department has participated in the 2009
Presidential Inauguration in Washington D.C., and the Metropolitan Police Department has
invited the Miami Beach Police Department to participate in the 2013 Presidential Inauguration
with a compliment of forty (40) sworn personnel; and
WHEREAS, the Miami Beach Police Department personnel shall be deputized as
Special Deputy U.S. Marshalls, and will have all necessary law enforcement authority provided
by 28 U.S.C. 566(c) and (d); 28 U.S.C. 564; 18 U.S.C.; 3053; 28 C.F.R.; 0.112, and the
deputation authority of the United States Attorney General; and
WHEREAS, the Miami Beach Police Department will provide its law enforcement
personnel from January 16, 2013 through January 22, 2013, and shall be reimbursed for all
personnel costs that will be provided by the District of Columbia, with funds provided by the
United States, by and through its general revenue; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City
Clerk are to execute a Memorandum of Understanding, on behalf of the Miami Beach Police
Department, between the City of Miami Beach, the Metropolitan Police Department of
Washington D.C. and the United States Attorney for the District of Columbia, for the purpose of
participating in the Presidential Inauguration Task Force, to provide crowd control and security
for the 2013 United States Presidential Inauguration in Washington D.C. from January 16, 2013
through January 22, 2013.
PASSED and ADOPTED this ___ day of September, 2012.
ATTEST BY:
MAYOR MATTI HERRERA BOWER
RAFAEL E. GRANADO, CITY CLERK
255
THIS PAGE INTENTIONALLY LEFT BLANK
256
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution approving and authorizing the Mayor and City Clerk to execute a letter of agreement between
the City and the State of Florida through its Agency for Health Care Administration, and appropriating the
$250,000.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall the City Commission approve the Letter of Agreement ?
Item Summary/Recommendation:
Under a 2008 MOU between the City and Mt. Sinai Medical Center , the City agreed to
contribute funding from the Miami Beach Health Facilities Authority ("MBHFA"), ln the amount of
$250,000, contingent on MBHFA approval, toward a capital project to be undertaken by Mt.
Sinai, involving the renovation of the second and third floors of the Lowenstein Building to
provide "workforce housing" (i.e. in this case, to create rental housing for essential services
personnel, with a focus on registered nurses). Mt. Sinai agreed to fund the balance necessary to
complete the project and the project has been completed.
At this time, in lieu of payment directly to Mt. Sinai, Mt. Sinai has requested that the City enter
into an agreement with the State of Florida, through its Agency for Health Care Administration,
whereby the City, through the MBHFA, would remit the $250,000 to the State, and the monies
would be used to increase the provision of Medicaid funded health services through the buyback
of Medicaid inpatient and outpatient trend adjustments.
It is recommended that the City Commission's approve and execute the Letter of Agreement
with the State be conditioned upon Mt. Sinai's agreement that the City-State Letter Agreement
satisfies the City's outstanding obligation to pay Mt. Sinai the $250,000 under the 2008 MOU.
Board Recommendation:
Financial Information:
Source of ! Amoun
Funds: I I
None
i
3 I
OBPI ~
Financial Impact Summary:
Clerk's Office Le islative Trackin :
Kevin Crowder, Economic Development
s s:
Department Director City Manager
MIAMI BEACH 257
Account
AGENDA ITEM
DATE
C7L
1}#1.2-IL
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM, Kathie G. Brooks, Interim City Manager ~
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LETTER OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE STATE OF FLORIDA,
THROUGH ITS AGENCY FOR HEALTH CARE ADMINISTRATION (THE
"LOA"), AND APPROPRIATING $250,000 SUBJECT TO AND
CONDITIONED UPON A FORMAL WRITTEN ACKNOWLEDGEMENT BY
MT. SINAl MEDICAL CENTER THAT THE CITY'S APPROVAL AND
EXECUTION OF THE AFORESTATED loa SATISFIES AND RELEASES THE
CITY'S OBLIGATIONS UNDER THE 2008 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND MT SINAl
TO PROVIDE "WORKFORCE HOUSING' IN THE LOWENSTEIN BUILDING
(THE"MOU")
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND AND ANALYSIS
Under a 2008 MOU between the City and Mt. Sinai Medical Center, the City agreed to
contribute funding from the Miami Beach Health Facilities Authority ("MBHFA"), in the
amount of $250,000, toward a capital project to be undertaken by Mt. Sinai, involving the
renovation of the second and third floors of the Lowenstein Building to provide
"workforce housing" (i.e. in this case, to create rental housing for essential services
personnel, with a focus on registered nurses). Mt. Sinai agreed to fund the balance
necessary to complete the aforestated project. The project has been completed.
MBHFA derives its funds from Annual Bond Fees charged to Mt. Sinai for the issuance
of its MBHFA bonds. The MBHFA met on July 12, 2012, and approved the issuance of
$145,000,000 of the MBHFA Revenue Refunding Bonds for Mount Sinai Medical Center,
and additionally approved the payment of the City's contribution, in the amount of
$250,000 to Mt. Sinai for the aforestated workforce housing project.
At this time, in lieu of the City making the $250,000 payment directly to Mt. Sinai, Mt.
Sinai has requested that in the alternative, the City enter into a Letter of Agreement with
the State of Florida, through its Agency for Health Care Administration, whereby the City,
258
would remit the $250,000 (which are MBHFA funds) to the State, and these monies
would be used to increase the provision of Medicaid funded health services through the
buyback of Medicaid inpatient and outpatient trend adjustments.
The Administration has no objection to Mt Sinai's request. Additionally, the request is
approved by, and permitted under State law as an intergovernmental transfer. Should
the City Commission approve Mt. Sinai's request, the Administration further
recommends that the City Commission's approval and execution of the Letter of
Agreement with the State be conditioned upon Mt. Sinai's agreement that the City-State
Letter Agreement satisfies the City's outstanding obligation to pay Mt. Sinai the City's
$250,000 contribution under the 2008 MOU.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
Resolution.
KGB:PDW
Attachments:
2008 MOU , Commission Memorandum and Resolution
259
Letter of Agreement
THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of
__ , 2012, by and between the City of Miami Beach, (the City) and the State of Florida,
through its Agency for Health Care Administration, (the Agency),
1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2012-2013,
passed by the 2012 Florida Legislature, the City and the Agency agree that the City will
remit to the State an amount not to exceed a grand total of $250,000.
a. The City and the Agency have agreed that these funds will only be used to
increase the provision of Medicaid funded health services to the people of the
City and the State of Florida at large.
b. The increased provision of Medicaid funded health services will be accomplished
through the buy back of the Medicaid inpatient and outpatient trend adjustments
up to the actual Medicaid inpatient and outpatient cost but not to exceed the
amount specified in the Appropriations Act for public hospitals, including any
leased public hospital found to have sovereign immunity, teaching hospitals as
defined in section 408.07 (45) or 395.805, Florida Statutes, which have seventy
or more full-time equivalent resident physicians, designated trauma hospitals and
hospitals not previously included in the GAA.
2. The City will pay the State an amount not to exceed the grand total amount of $250,000.
The City will transfer one lump sum payment to the State in the following manner:
a. A lump sum payment of $250,000 is due upon notification by the Agency, no later
than October 1, 2012.
3. Timelines: This agreement must be signed and submitted to the Agency no later than
October 1, 2012, to be effective for SFY 2012-2013.
4. The City and the State agree that the State will maintain necessary records and
supporting documentation applicable to Medicaid health services covered by this Letter
of Agreement. Further, the City and State agree that the City shall have access to these
records and the supporting documentation by requesting the same from the State.
5. The City and the State agree that any modifications to this Letter of Agreement shall be
in the same form, namely the exchange of signed copies of a revised Letter of
Agreement.
6. The City confirms that there are no pre-arranged agreements (contractual or otherwise)
between the respective counties, taxing districts, and/or the hospitals to re-direct any
portion of these aforementioned Medicaid supplemental payments in order to satisfy
non-Medicaid activities.
SFY 2012-13 Buyback LOA Page 1
260
7. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement
Plan reflecting 2012-13 legislative appropriations being approved by the federal Centers
for Medicare and Medicaid Services.
8. The Agency will reconcile the difference between the amount of the IGTs used by or on
behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend
adjustments or exemptions from reimbursement limitations for SFY 2011-12 and an
estimate of the actual annualized benefit derived based on actual days and units of
service provided. Reconciliation amount may be incorporated into current year (SFY
2012-13) LOAs.
9. This Letter of Agreement covers the period of July 1, 2012 through June 30, 2013 and
shall be terminated June 30, 2013.
End of Agreement-Signature Page Follows.
SFY 2012-13 Buyback LOA Page 2
261
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above first written.
The City of Miami Beach
Signature
Name
Title
SFY 2012-13 Buyback LOA
State of Florida
Phil E. Williams
Assistant Deputy Secretary for Medicaid Finance,
Agency for Health Care Administration
Page 3
262
RESOLUTION NO. 2008-26 7 41
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY AND
MOUNT SINAl MEDICAL CENTER OF FLORIDA, INC., FOR
THE PURPOSE OF SUBMITTING A GRANT APPLICATION
TO THE COMMUNITY WORKFORCE HOUSING
INNOVATION PILOT PROGRAM ADMINISTERED BY THE
FLORIDA HOUSING FINANCE CORPORATION; FURTHER
AUTHORIZING THE SUBMISSION OF SAID GRANT
APPLICATION.
WHEREAS, during the 2006 Florida Legislative Session, the Florida Legislature
approved House Bill No.1363, establishing a pilot program entitled the Community
Workforce Housing Innovation Pilot Program (CWHIP or the Program); and
WHEREAS, the purpose of said Program is to provide affordable rental and
homeownership workforce housing for essential services personnel; and
WHEREAS, said Program requires that proposals be from a public-private
partnership, with said partnership to include substantial involvement from the public sector
partner; and
WHEREAS, Mount Sinai Medical Center (Mount Sinai) has identified housing as one
of the issues that negatively impacts its ability to recruit trained nursing staff; and
WHEREAS, on January 17, 2007, the Mayor and City Commission adopted
Resolution No. 2007-26430, authorizing the execution of a Memorandum of Understanding
(MOU) between the City and Mount Sinai for the purpose of submitting a grant application
for the 2007 cycle of the CWHIP Program; and
WHEREAS, the Florida Housing Finance Corporation (FHFC) administers affordable
housing programs funded by the State of Florida and evaluates grant applications and
other requests for State housing funds; and
WHEREAS, the application was subsequently not recommended for funding by the
FHFC; and
WHEREAS, the City and Mount Sinai wish to re-apply to the Program for the 2008
grant cycle; the deadline for submitting a grant proposal to the CWHIP Program is January
29,2008;and
WHEREAS, concurrent with the new application, the City and Mount Sinai intend to
submit the same MOU submitted in 2007, which provides that upon a grant award by the
FHFC, Mount Sinai will rehabilitate seventy-six (76) apartments in the Lowenstein Building,
263
said building located on the campus of Mount Sinai, for the purpose of providing rental
housing for the Mount Sinai workforce; and
WHEREAS, the proposed MOU also contemplates that, following the award of the
grant funding by the FHFC, the City Administration will request that the Miami Beach
Health Facilities Authority (HFA) convene to adopt a resolution donating surplus funds in
the HFA account that remain at the end of the fiscal year, to the City, to be appropriated
and disbursed by the City in accordance and consistent with Chapter 154.201 -24 7
Florida Statutes (the "Health Facilities Authorities Law"); and
WHEREAS, provided that the HFA approves the aforestated resolution, the
Administration will further recommend that the City Commission appropriate and disburse
said funds to Mount Sinai, in an amount not to exceed $250,000, for the Project, as follows:
$120,000 in calendaryear2008; $120,000 in calendaryear2009; and $10,000 in calendar
year 2010.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the execution of a Memorandum of Understanding between
the City of Miami Beach and Mount Sinai Medical Center of Florida, Inc., for the purpose of
submitting a grant application to the Community Workforce Housing Innovation Pilot
Program, and further authorize the submission of said grant application.
PASSED and ADOPTED this 16th
ATTEST:
City Clerk
Robert Parcher
T:\AGENDA\2008\JANUARY 16\CONSENnMSMC RESO.DOC
264
day of January 12008.
Matti H. Bower
APPROVED A.S TO
FORM & LANGUAGE
6. FOR E)(ECUT,ON
.\-' 1 ~u ... o~ -Date
•
•
•
Memorandum of Understanding
Between
City of Miami Beach, Florida
And
Mount Sinai Medical Center of Florida, Inc.
.IL
THIS MEMORAMDUM OF UNDERSTANDING is made this (;2"3-day
of January, 2008 by and between the undersigned representative the City of
Miami Beach ("CMB"), a Florida municipal corporation located at 1700
Convention Center Drive, Miami Beach, Florida 33139 and Mount Sinai Medical
Center of Florida, Inc. ("MOUNT SINAI"),a not-for-profit corporation organized
and existing under the laws of the State of Florida, located at 4300 Alton Road,
Miami beach, Florida 33140.
WHEREAS; CMB recognizes the importance of MOUNT SINAl's role in
providing health care to the citizens of CMB; and
WHEREAS, MOUNT SINAl is the largest single employer located within
Miami Beach; and
WHEREAS, CMB has identified improving access to labor, increasing
affordable housing, and attracting and maintaining a quality workforce as Key
Intended Outcomes of the CMB's Five-Year Vision and Strategic Plan; and
WHEREAS, as an entitlement jurisdiction and recipient of State Housing
Initiatives Partnership (SHIP), Community Development Block Grant (CDBG),
and HOME Investment Partnership (HOME) funding, CMB has significant
experience in the development of affordable housing and in complying with
numerous multi-jurisdictional guidelines and regulations; and
WHEREAS, CMB has defined income qualifying employees of the
healthcare industry as Essential Services Personnel (ESP) in its State Housing
Initiatives Partnership (SHIP) program and Local Housing Assistance Plan
(LHAP); and
WHEREAS, CMB has codified a master plan proce~s to guide the future
development and growth of MOUNT SINAl, including innovative initiatives such
as density bonuses for the provision of such items as affordable housing and
child care services by MOUNT SINAl; and
WHEREAS, CMB and MOUNT SINAl desire to make a formal
commitment to address workforce housing for healthcare ESP's by proposing a
workforce housing project to the Florida Housing Finance Corporation's ("FHFC")
Page 1 of6
265
•
•
•
Community Workforce Housing Innovation Program ("CWHIP"), that leverages
public and private resources. ·
NOW, THEREFORE, in consideration of the mutual agreements and
covenants contained herein and for other good and valuable consideration, the
receipt of which is· hereby acknowledged, it is mutually agreed and covenanted,
under seal, by and between the parties to this Agreement, as follows:
1. Representations of MOUNT SINAl
a. Upon award of the CWHIP grant, MOUNT SINAl commits to rehabilitate the
second and third floors of the Lowenstein Building, consisting of sev~nty-six (76)
apartments, to create affordable workforce housing for ESP's employed at Mount
Sinai. These units will be used as workforce housing for income-eligible
individuals for fifty (50) years (the Affordability Period), commencing from the
date FHFC awards CWHIP funding to the MOUNT SINAI-CMB public-private
partnership. Mount Sinai will manage the Lowenstein Building and ensure that
FHFC rental rates: ESP, and affordability period requirements under CWHIP are
met throughout the fifty (50) year Affo~dability Period.
b. MOUNT SINAl shall submit to CMB for approval the proposed rents for the
CWHIP units. CMB shall approve submitted rents if such rents comply with
applicable FHFC and CWHIP Program standards .
c. MOUNT SINAl shall provide CMB with the initial tenant list, and any and all
subsequent updates, amendments and modifications thereto, with documentation
for all tenants in the CWHIP units confirming income and job description.
d. Annually, MOUNT SINAl shall deliver to CMB's Housing Division, by October
31st of each calendar year, during the Affordability Period, a list that includes
names of tenants, income and job description, rents charged, and the
occupancy/vacancy factor of each unit for the prior fiscal year (October 1st
through September 30th).
e. MOUNT SINAl shall indemnify and hold harmless CMB from any and all
claims, liabilities, losses, and causes of action which arise out of any act,
omission, negligence or misconduct on the part of MOUNT SINAl or any of its
agents, servants, employees, contractors, patrons, guests, patients, or invitees.
MOUNT SINAl further shall indemnify and. hold harmless CMB from any and all
claims or repayment requirements imposed by FHFC or any other State agency
related to MOUNT SINAl's failure and/or inability to comply with any and all
requirements and guidelines of the CHWIP Program. The indemnifications
contained herein are intended by the parties to survive termination of this. MOU .
Page 2 of6
266
•
•
•
2. Representations of CMB
a. Upon grant approval, and provided further that (i) the CMB Health Facilities
Authority approves a declaration of a surplus and funding recommendation, and
(ii) the funding award, CMB shall contribute $250,000 toward the total costs of
rehabilitation of the Lowenstein Building's second and third floors.
b. As a participant in this project, CMB Administration shall appear before the
Health Facilities Authority to present the project with MOUNT SINAl and
recommend in favor of funding this project, in the amount of $120,000 in 2008;
$120,000 in 2009; and $10,000 in 2010. ·
c. CMB Administration shall develop a Workforce Housing Funding Partnership
Agreement with MOUNT SINAl for the use of HFA funding (if recommended by
the HFA). Notwithstanding the preceding sentence, said Workforce Housing
Funding Partnership Agreement shall be subject to and contingent upon final
approval by the CMB Commission.
d. CMB shall review in a timely manner all documents submitted by MOUNT
SINAl pursuant to this Agreement including the proposed rents, the initial tenant
list, and the annual report. City shall respond to MOUNT SINAl with the
necessary approval or denial of said documents, within a reasonable time period.
e. CMB shall review and approve the proposed rents for the CWHIP units, said
approval shall not be unreasonably withheld upon determination by CMB that the
· proposed rents comply with the applicable FHFC and CWHIP Program
standards.
f. Consistent with the LHAP approved by the Miami Beach City Commission for
the expenditure of SHIP funds, CMB shall apply certain affordable housing
incentives as it deems reasonably necessary, to this workforce housing project,
including expedited processing of permits.
g. CMB shall work with MOUNT SINAl to conduct concurrent, rather than
sequential, review of all City review and approval of building plans related to this
project.
3. Term and Termination
a. The term of the MOU shall commence following approval by the Mayor and
City Commission and execution by the parties hereto, and shall be on the date
first written above and shall continue for a term of fifty (50) years or until such
time that it is replaced by the Workforce Housing Funding Partnership
Page 3 of6 .
267
•
•
•
Agreement, in the event that such agreement is approved by the CMB
Commission.
b. This MOU may be terminated by MOUNT SINAl with not less than one
hundred twenty (120) days prior written notice of intent to discontinue CHWIP
eligible activity at the project site and compliance with all related FHFC and
CHWIP regulations and Section 1.e of this MOU. In the event that this MOU is
terminated by MOUNT SINAl prior to completion of eligible activity at the project
site, or in violation of or non-:compliance with all related FHFC and CWHIP
regulations, and/or non-compliance with any term and/or provision of this
Agreement, MOUNT SINAl acknowledges and agrees that the City shall have no
liability, whether to MOUNT SINAl, FHFC, and or any other State agency and/or
any other third parties, and MOUNT SINAl shall fully indemnify and hold
harmless the CMB for any claims and/or causes of actions (individually without
limitation, repayment of any monies imposed by FHFC and/or any other State
Agency).
c. This MOU may be terminated by CMB with not less than one hundred twenty
(120) days prior written notice of MOUNT SINAl's failure to cure a determination
by CMB or any other authorized entity such as FHFC that the project is not in
compliance with all related FHFC and CHWIP regulations or the terms of this
MOU. Additionally, in the event of termination by the CMB, MOUNT SINAl shall
continue to indemnify and hold the City harmless, and the City's. rights and
remedies shall be the same as set forth in Section i(e) and 3(b), respectively, of
the Agreement.
4. Notifications
All notifications shall be in writing:
lfto MSMC:
Copy to:
Mount Sinai Medical Center of Florida, Inc.
Warner Building, 5th Floor
4300 Alton Road
Miami Beach, FL 33140
Attention: Mirene Charles, Director of Government Relations
Mount Sinai Medical Center of Florida, Inc.
Warner Building, 5th Floor
4300 Alton Road
Miami Beach, FL 33140
Attention: General Counsel
Page 4 of6
268
•
•
•
If to CMB:
Copy to:
5. Governing Law
City of Miami Beach
Attention: Kevin Crowder, Economic Development Director
1700 Convention Center Drive
Miami Beach, FL 33139
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Housing & Community Development Division
This MOU shall be governed and construed in accordance with the laws of the
State of Florida. This Agreement shall be enforceable in Miami-Dade County,
Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue for
the enforcement of same shall lie in Miami-Dade County, Florida. CMB and
MOUNT SINAl hereby knowingly and intentionally waive the right to trial by jury
in any action or proceeding that CMB and MOUNT SINAl may herein after
institute against each other with respect to "any matter aris!ng out of or related to
this Agreement.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 5 of6
269
•
•
•
IN WITNESS WHEREOF, MOUNT SINAl and CMB have executed this Agreement
as of the day and year first written above by their duly authorized representatives.
By:
Attest:
By:
Attest:
Mount Sinai Medical Center of Florida, Inc.
!!If Name: Steven D. Sonenreich
Title: resident & CE
Print NamefTitle
City of Miami Beach
Name: Robert Parcher
Title: City Clerk
Page 6 of6
270
PRISCILLA FRIEOI.AND
MY COMMISSION N DO 543864
EXPIRES: August 23, 2010
Bonded Thru Nalary Public llilde!w!llerl
APPROVED AS TO
FORM & LANGUAGE
6 FOR EXECUTION
·~ ·-··-o&
Date
RESOLUTION TO BE SUBMITTED
271
LANK
272
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Firms, Pursuant To Request
For Qualifications (RFQ) No. 57-11/12, For The Purpose Of Conducting The Required 40-Year
Building Recertification And Subsequent 10-Year Building Recertification, As Required By Miami-
Dade County Code; Authorizing The Administration To Enter Into Negotiations With The Top-Ranked
Proposer, Douglas Wood Associates/Gartek Engineering; And Should The Administration Not Be Able
To Successfully Negotiate An Agreement With The Top-Ranked Proposer, Authorizing The
Administration To Negotiate With The Second-Ranked Proposer, Eastern Engineering Group; And
Should The Administration Not Be Successful In Negotiating With The Second-Ranked Proposer,
Negotiate With The Third-Ranked Proposer, M2E Consulting Engineers As Needed Respectively;
And Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
Key Intended Outcome Supported:
Ensure well maintained facilities.
Supporting Data (Surveys, Environmental Scan, etc.): The 2009 Customer Satisfaction Survey
indicated that 87.2% of residents, and 85% of businesses rated the appearance and maintenance of
the City's public buildings as excellent or good.
Issue:
I Shall the Mayor and City Commission adopt the Resolution?
Item Summary/Recommendation:
At its July 18, 2012 meeting, the Mayor and City Commission approved the issuance of a Request for
Qualifications (RFQ) for the purpose of conducting the required 40-year building recertification and
subsequent 1 0-year building recertification, as required by Miami-Dade county code. RFP No. 57-
11/12 was issued on July 27, 2012, 2012, with a bid opening date of August 20, 2012.
BidNet issued bid notices to 220 prospective proposers, and over 71 local proposers were notified via
e-mail, which resulted in the receipt of the following three (3) proposals: David Wood
Associates/Gartek Engineering, Eastern Engineering Group and M2E Consulting Engineers
A motion (which was unanimous) was made to recommend that the Administration enter into
negotiations with the Committee's top-ranked proposer, Douglas Wood Associates/Gartek
Engineering; and should the negotiations be unsuccessful, that it negotiate with the second ranked
proposer, Eastern Engineering Group.
ADOPT THE RESOLUTION.
Advls rd Recommendation:
Financial Information:
Source of Amount
Funds: 1
2
3
4
OBPI Total 1
Financial Impact Summary: N/A
MfAMIBEACH
Account
273
Approved
r
AGENDA ITEM-=-..,;,_-
DATE _:......:;...o~.:::;;,_
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT; A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 57-11/12, FOR THE PURPOSE OF CONDUCTING THE
REQUIRED 40-YEAR BUILDING RECERTIFICATION AND SUBSEQUENT 10-YEAR
BUILDING RECERTIFICATION, AS REQUIRED BY MIAMI-DADE COUNTY CODE;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
TOP-RANKED PROPOSER, DOUGLAS WOOD ASSOCIATES/GARTEK
ENGINEERING; AND SHOULD THE ADMINISTRATION NOT BE ABLE TO
SUCCESSFULLY NEGOTIATE AN AGREEMENT WITH THE TOP-RANKED
PROPOSER, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH THE
SECOND-RANKED PROPOSER, EASTERN ENGINEERING GROUP; AND SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING WITH THE
SECOND-RANKED PROPOSER, NEGOTIATE WITH THE THIRD-RANKED
PROPOSER, M2E CONSULTING ENGINEERS AS NEEDED RESPECTIVELY; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME
Ensure well maintained facilities.
BACKGROUND
Under Section 8-11 (f) of the Miami-Dade County Code, the owner of a building which has been in
existence for forty ( 40) years or longer is required to have the building inspected for the purpose of
determining the general structural condition of the building and the general condition of its electrical
systems. In accordance with Section 8-11 (f) the owner (City) must submit a written Recertification
Report to the Building Official, prepared by a Florida registered professional engineer or architect*,
certifying each building or structure is structurally and electrically safe for the specified use for
continued occupancy.
274
Commission Memorandum
RFQ for Required Building Re-certification
September 12, 2012
Page 2 of 5
Given the fact the City owns a number of buildings that are now 40 years of age or older, the City is
required to comply with the State Statute thus we must move to have our facilities professionally
evaluated and recertified in accordance with the requirements and mandates of the Statute.
RFP PROCESS
At its July 18, 2012 meeting, the Mayor and City Commission approved the issuance of a Request
for Qualifications (RFQ) for the purpose of conducting the required 40-year building recertification
and subsequent 1 0-year building recertification, as required by Miami-Dade county code. RFP No.
57-11/12 was issued on July 27, 2012, 2012, with a bid opening date of August 20, 2012. A pre-
proposal conference to provide information to the proposers submitting a response was held on
August 9, 2012.
Bid Net issued bid notices to 220 prospective proposers, and over 71 local proposers were notified
via e-mail, which resulted in the receipt of the following three (3) proposals:
• David Wood Associates/Gartek Engineering
• Eastern Engineering Group
• M2E Consulting Engineers
SCOPE OF SERVICES:
The successful proposer will be required to provide inspection services of City owned facilities as
designated by the owner. Inspection and recertification of the facilities must be performed in
accordance with the aforementioned Section of the Miami-Dade County Code. The written
Recertification Report must be prepared by a Florida registered engineer or architect.
All inspectors must be certified by the State of Florida to perform the inspections of their specific
disciplines and must have extensive knowledge of current building code requirements.
The City retains the right to award all, partial or none of the buildings to be recertified and shall
determine the specific order in which the buildings will be inspected and further reserves the right to
add or delete any items from the inspections due to known building conditions and existing warranties
that may be in place. Such action by the City, if undertaken, shall comply with the aforementioned
Florida State Statute.
The current list of buildings to undergo the 40 year recertification are as follows:
• 777 Building
• Sanitation/Fleet Management facility
• 555 Building, Bass Museum
• Fire Station No. 1
• Byron Carlyle Theater
The current list of buildings to undergo the 1 0-year recertification are as follows:
• Log Cabin,
• Colony Theater
• Historic Fire Station No. 2
• Historic City Hall.
275
Commission Memorandum
RFQ for Required Building Re-certification
September 12, 2012
Page 3 of 5
All recertifications shall be completed within 120 days of the date of the Notice to Proceed issued
after contract execution. Six (6) copies of the detailed, certified report shall be presented to the owner
in binder form within 30 days of the completed recertification process.
The following Evaluation Criteria was used to evaluate and rank the proposals received in response
to the RFP:
' Total Criteria,
Points '
25 The experience, qualifications and portfolio of the Principal Firm
30 The experience and qualifications of the professional personnel
assigned to the Project Team and the Project Manager, as well as their
familiarity with this project and a thorough understanding of the
methodology and approach to be used in this assignment
20 Past performance based on quality of the Performance Evaluation
Surveys and the Administration's due dilligence based upon reference
checks performed of the Firm(s) clients
5 vv 111111gness to meet time and budget requirements as demonstrated by
past performance, methodology and approach
5 Certified minority business enterprise participation. Either the Prime
Consultant or the sub-Consultant team may qualify for proof of
certification for minority business enterprise participation. Accepted
minority business enterprise certifications include the Small Business
Administration (SBA), State of Florida, or Miami-Dade County
5 Location
5 Recent, current and projected workloads of the firms
5 The volume of work previously awarded to each firm by the City, with the
1
object of effecting an equitable distribution of contracts among qualified
firms, provided such distribution does not violate the principle of
selection of the most highly qualified firm
Additional Points;
LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points
to Proposers, which are, or include as part of their proposal team, a Miami Beach-based
vendor as defined in the City's Local Preference Ordinance.
VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5)
points to Proposers, which are, or include as part of their proposal team, a small business
concern owned and controlled by a veteran(s) or a service-disabled veteran business
enterprise, as defined in the City's Veterans Preference Ordinance.
The City Manager, via Letter to Commission (LTC) No. 218-2012, dated August 20, 2012, appointed
an Evaluation Committee ("the Committee") consisting of the following individuals:
• Herman Fung, Contract Administrator, Property Management Division
• Maria Chang Mayer, CMB Leadership Academy Graduate, Resident
• Moshen Jarahpour, Building Inspector, Building Department
• Muayad Abbas, CMB Leadership Academy Graduate, Resident
276
Commission Memorandum
RFQ for Required Building Re-certification
September 12, 2012
Page 4 of 5
Alternates:
• Jason Hagopian, CMB Leadership Academy Graduate, Resident
• Duane Knecht, Property Management Division Director
• Candelario Martinez, Chief Electrical Inspector, Building Department
The Committee convened on August 28, 2012, and a quorum was attained. The Committee was
provided with general information on the scope of services, Performance Evaluation Surveys and
additional pertinent information from all responsive proposers.
The Committee was also provided with presentations from all proposers with the intent of focusing
the discussion on the Scope of Services relative to 40 and 1 0-year building recertification's. The
Committee discussed their individual perceptions of the proposers' qualifications, experience, and
competency. A motion was presented by the Committee to reconvene and have the following
information available prior to the next Committee meeting:
• Check references for M2E Consulting Engineers
• Previous or current workload with the City (all firms)
• List of recertification's done over the last five (5) years for each company
On August 30, 2012, the Committee reconvened and were presented with the aforementioned
information.
A motion (which was unanimous) was made to recommend that the Administration enter into
negotiations with the Committee's top-ranked proposer, Douglas Wood Associates/Gartek
Engineering; and should the negotiations be unsuccessful, that it negotiate with the second ranked
proposer, Eastern Engineering Group. The Committee's final ran kings are as follows:
COMPANY'S PROFILE
Douglas Wood Associates has partnered with Gartek Enginnering to provide the building
recertification services. These two (2) firms have worked together over fifteen (15) years on projects
which include building recertifications. Both Gartek Engineering and Douglas Wood Associates are
recognized experts in historical buildings. Douglas Wood Associates is on the City's Architect and
Engineering list for the discipline of Architect -Historic Building Specialization and Structural
Engineering.
The following is a list provided by Douglas Wood of recertification projects completed over the last
five (5) years and City of Miami Beach projects:
277
Commission Memorandum
RFQ for Required Building Re-certification
September 12, 2012
Page 5 of 5
Recertification Projects-Last 5 Years
FlU Wolfsonian Museum, Miami Beach
Miami Beach Woman's Club (FlU), Miami Beach
Belcrest Condominium, Miami Beach
1446 Lennox Avenue, Miami Beach
Bal Harbour Shops, Bal Harbour
Vizcaya East Gate Lodge, Miami
Vizcaya West Gate Lodge, Miami
Seybold Building, Miami
Miami Woman's Club, Miami
Trinity Cathedral (current project), Miami
475-495 Biltmore Way, Coral Gables
Duquesne Cottages, Carrollton School, Miami
Cutler Manor, Miami-Dade County
Historic Chateau Petit Douy, Miami
Valiente Residence, Miami
City of Miami Beach Projects
Colony Theater (as a subconsultant to R.J. Heisenbottle Architects)
Soundscape and Exostage (Lincoln Park) (as a subconsultant to West 8)
Evaluation of Eleven Historic Monuments
Restoration of Flagler Memorial (as a subconsultant to Conservation Solutions)
Restoration of "Closed S" sculpture by Charles 0. Perry
Evaluation of Fire Station No. 2
Limited Evaluation of Multi-Purpose Parking Facility
Construction Draw Request for Meridian Apartments
Avery Smith Home (Coral Rock House) (through Dade Heritage Trust)
Emergency Response Evaluation for Old City Hall (as a subconsultant to R.J.
Heisenbottle Architects)
MANAGER'S DUE DILIGENCE
After considering the review and recommendation of Evaluation Committee, the City Manager
exercised her due diligence and is recommending that the Mayor and the City Commission authorize
negotiations with the top-ranked proposer, Douglas Wood Associates; and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer,
authorizing negotiations with the second-ranked proposer, Eastern Engineering Group; and should
the Administration not be successful in negotiating an agreement with the second-ranked proposer,
authorizing negotiations with the third-ranked proposer, M2E Consulting Engineers.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the
recommendation of the City Manager to negotiate with the top-ranked proposer, Douglas Wood
Associates; and should the Administration not be successful in negotiating an agreement with the
top-ranked proposer, authorizing negotiations with the second-ranked proposer, Eastern
Engineering Group; and should the Administration not be successful in negotiating an agreement
with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, M2E
Consulting Engineers.
KGB/JGG/FHB T:\AGENDA\2012\7-18-12\RFQ 40-Year Building Recertification MEMO.doc
278
RESOLUTION NO. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFQ) NO. 57-11/12, FOR THE PURPOSE OF CONDUCTING THE
REQUIRED 40-YEAR BUILDING RECERTIFICATION AND SUBSEQUENT 10-YEAR
BUILDING RECERTIFICATION, AS REQUIRED BY MIAMI-DADE COUNTY CODE;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE
TOP-RANKED PROPOSER, DOUGLAS WOOD ASSOCIATES/GARTEK ENGINEERING;
AND SHOULD THE ADMINISTRATION NOT BE ABLE TO SUCCESSFULLY NEGOTIATE
AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH THE SECOND-RANKED PROPOSER,
EASTERN ENGINEERING GROUP; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING WITH THE SECOND-RANKED PROPOSER,
NEGOTIATE WITH THE THIRD-RANKED PROPOSER, M2E CONSULTING ENGINEERS
AS NEEDED RESPECTIVELY; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on July 18, 2012, the Mayor and City Commission approved the
issuance of a Request for Qualifications (RFQ) for the purpose of conducting the required
40-year building recertification and subsequent 1 0-year building recertification, as required
by Miami-Dade county code; and
WHEREAS, the RFQ was issued on July 27, 2012, with a bid opening date of August
20, 2012; and
WHEREAS, a pre-qualification meeting to provide information to prospective
proposers was held on August 9, 2012; and
WHEREAS, BidNet issued bid notices to 220 prospective proposers, and over 71
local proposers were notified via e-mail resulting in the receipt of three (3) proposals by
David Wood Associates/Gartek Engineering, Eastern Engineering Group and M2E
Consulting Engineers; and
WHEREAS, the City Manager, via a Letter to Commission (LTC) No. 218-2012,
appointed the following individuals as Evaluation Committee (the "Committee") members:
• Herman Fung, Contract Administrator, Property Management Division
• Maria Chang Mayer, CMB Leadership Academy Graduate, Resident
• Moshen Jarahpour, Building Inspector, Building Department
• Muayad Abbas, CMB Leadership Academy Graduate, Resident
WHEREAS, the Committee convened on August 28, 2012, and a quorum was
attained; and
WHEREAS, the Committee was provided with general information on the scope of
services, Performance Evaluation Surveys and additional pertinent information from all
responsive proposers; and
WHEREAS, the Committee was also provided with presentations from all proposers
with the intent of focusing the discussion on the Scope of Services relative to 40 and 1 0-year
building recertification's; and
279
WHEREAS, the Committee discussed their individual perceptions of the proposers'
qualifications, experience, and competency; and
WHEREAS, on August 30, 2012, the Committee reconvened and were presented
with the aforementioned information; and
WHEREAS, a motion (which was unanimous) was made to recommend that the
Administration enter into negotiations with the Committee's top-ranked proposer, Douglas
Wood Associates/Gartek Engineering; and should the negotiations be unsuccessful, that it
negotiate with the second ranked proposer, Eastern Engineering Group; and
WHEREAS, after considering the review and recommendation of Evaluation
Committee, the City Manager exercised her due diligence and is recommending that the
Mayor and the City Commission authorize negotiations with the top-ranked proposer,
Douglas Wood Associates; and should the Administration not be successful in negotiating an
agreement with the top-ranked proposer, authorizing negotiations with the second-ranked
proposer, Eastern Engineering Group; and should the Administration not be successful in
negotiating an agreement with the second-ranked proposer, authorizing negotiations with the
third-ranked proposer, M2E Consulting Engineers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the recommendation of the City Manager to negotiate with the top-
ranked proposer, Douglas Wood Associates; and should the Administration not be
successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Eastern Engineering Group; and should the
Administration not be successful in negotiating an agreement with the second-ranked
proposer, authorizing negotiations with the third-ranked proposer, M2E Consulting
Engineers.
PASSED AND ADOPTED THIS ___ DAY OF ____ 2012.
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\2012\9-12-12\RFQ #57-11-12-40-year Building Recertification-Reso.docx
APPROVED AS TO
FORM & LANGUAGE
.f/ 1 & FO~JP(ECUTION
280
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida,
Approving And Authorizing The Mayor And City Clerk To Execute The Declaration Regarding
Improvements And Maintenance Of Traffic Circle Areas Within The Right-Of-Way And Public Beach
Walk And Exchange Of Easements Related Thereto, With Seville Ac~uisition, LLC, Owner Of The
Marriott Seville, For Improvements To And The Maintenance Of The 29t Street Streetend And Traffic
Circle, And For The Construction Of A Portion Of The Beachwalk.
Intended Outcome Su
Data (Surveys, Environmental Scan, etc.): N/A
Issue:
j Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
Seville Acquisitions, LLC (Owner) has received development approval for the construction of a hotel
and condominium at 2901 Collins Avenue. This approval was granted after five Historic Preservation
Board (HPB) meetings and one Board of Adjustment meeting.
The June 14, 2011 HPB approval provides for reconfiguring and improving the 29th Street end,
including the traffic circle. The City is requiring a maintenance agreement that obliges the Owner to
maintain the street end and traffic circle improvements as the City does not have the resources to
properly maintain these enhancements.
The Owner will grant the City an easement for public ingress and egress over a portion of the propert~
and will construct a public Beachwalk along the rear of the Owner's property from approximately 29
Street to 30th Street, replacing the existing boardwalk.
Staff has reviewed the appropriateness of the proposal pursuant to the criteria established under
Section 82-38 of the City Code for the proposed sale or lease of City property, and found the criteria
are satisfied.
The Land Use and Development Committee meeting, at its July 25, 2012 meeting, recommended
approval of this proposed agreement by the Commission.
THE ADMINSTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information:
Source of
Funds: 1
Amount Account pproved
OBPI L-~T~o~t=ai~L---~------~--------------------~--------~
Financial Impact Summary:
(9 MIAMI BEACH 281
City Man
KGB
AGENDA iTeM
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Comm-sian
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE DECLARATION REGARDING IMPROVEMENTS AND MAINTENANCE OF
TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY AND PUBLIC BEACH WALK AND
EXCHANGE OF EASEMENTS RELATED THERETO, WITH SEVILLE ACQUISITION, LLC,
OWNER OF THE MARRIOTT SEVILLE, FOR IMPROVEMENTS· TO AND THE
MAINTENANCE OF THE 29TH STREET STREETEND AND TRAFFIC CIRCLE, AND FOR
THE CONSTRUCTION OF A PORTION OF THE BEACHWALK.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
Seville Acquisitions, LLC (Owner) has received development approval for the construction of a
hotel and condominium at 2901 Collins Avenue. This approval was granted after five Historic
Preservation Board (HPB) meetings and one Board of Adjustment (BOA) meeting.
• On May 10, 2011, the application for the development was approved by the HPB with
the exception of the landscape plan and reconfiguration of the 29th Street end and the
proposed renovations of the interior of the public spaces.
• On June 14, 2011, the HPB approved there-configuration of 29th Street.
• On September 9, 2011, the BOA approved variances reducing the setback, view
corridor, and rear yard landscaping requirements.
• On September 13, 2011, the HPB approved modifications to the demolition plans and
the landscape plan.
• On October 11, 2011 and December 13, 2011, the HPB approved the design of the
hotel's public interior spaces.
Notifications of these meetings were sent to properties within 375 feet of the development
including Triton Towers. Three residents of the Triton Towers spoke at the May 11, 2011 HPB
meeting. Their concerns were related to traffic and noise. The Owner and City staff worked with
Triton Towers to ensure that the final product will address their concerns.
ANALYSIS
The June 14, 2011 HPB approval provides for reconfiguring and improving the 29th Street end,
282
City Commission Memorandum -Agreement with Marriott Seville
September 12, 2012
Page 2 of 3
including the traffic circle. The City is agreeable to this request but is requiring a maintenance
agreement (Attachment) that obliges the Owner to maintain the street end and traffic circle
improvements as the City does not have the resources to properly maintain these
enhancements. The City will require the Owner to replace pavers that are broken or cracked
and maintain the area in a manner to prevent tripping hazards. The Owner will also need to
maintain the proposed landscaping in a substantially similar manner to the landscaping which is
initially placed.
The Owner has proposed an exchange of easements with the City. The Owner will grant the
City an easement for public ingress and egress over a portion of the property and will construct
a public Beachwalk along the rear of the Owner's property from approximately 29th Street to 30th
Street, replacing the existing boardwalk. This includes design, permitting, and construction. The
Owner has proposed that the City grant it an easement over the improved area for
maintenance, repair, and replacement, as necessary. The maintenance agreement and the two
easement agreements are being negotiated now and will be taken to the Commission for
approval if approved in committee.
As an exchange of easements is proposed, staff has not required an appraisal of the easement
that the City will provide to the Owner.
Planning and Public Works staff has reviewed the appropriateness of the proposal pursuant to
the criteria established under Section 82-38 of the City Code for the proposed sale or lease of
City property.
1) Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city's comprehensive plan.
Satisfied. Granting the easement will provide for the maintenance of an enhanced street
end with brick pavers and landscaping.
2) The impact on adjacent properties (if any), including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level, enhanced
property values, improved development patterns and provision of necessary services.
Based on the proposed use of the property, the city shall determine the potential impact
of the project on city utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the purchaser/lessee shall be responsible
for obtaining and paying for a traffic impact analysis from a reputable traffic engineer.
Satisfied. There should be no negative impact to City infrastructure or to traffic. The
project is designed to improve traffic flow and circulation related to the hotel project.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the city's revenue base,
reducing city costs, creating jobs, creating a significant revenue stream, and/or
improving the community's overall quality of life.
Satisfied. The proposal is associated with an important hotel development. This portion
of the Collins Avenue corridor has not developed as rapidly as areas of the City further
south, and the proposed new hotel developments in this corridor are generally seen as
283
City Commission Memorandum -Agreement with Marriott Seville
September 12, 2012
Page 3of3
positive for the city's economic and tourism development.
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation
of the design and aesthetic considerations of the proposed development or project.
Satisfied. The proposed enhancements should greatly improve the aesthetics of the
street end, functioning as a park-like setting with robust landscaping. The area will be
open to the public.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied. There should not be any adverse impacts to adjacent properties. The Owner
and staff have worked with residents of the adjacent Triton Towers condominium
building to ensure that the final product is acceptable to them.
6) Such other issues as the City Manager or his authorized designee, who shall be the
city's planning director, may deem appropriate in analysis of the proposed disposition.
Satisfied. Staff has no other issues it deems appropriate to analyze for this proposal.
The analysis above shows that the criteria for the proposed sale or lease of City property are
satisfied, per Miami Beach City Code Sections 82-38.
The Land Use and Development Committee meeting, at its July 25, 2012 meeting,
recommended approval of this proposed agreement by the Commission.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute the declaration regarding improvements and maintenance of traffic circle
areas within the right-of-way and public beach walk and exchange of easements related hereto,
with Seville Acquisition, LLC, owner of the Marriott Seville, for improvements to and the
maintenance of the 29th Street streetend and traffic circle, and for the construction of a portion of
the beachwalk.
Attachment:
Draft Agreement
JGG//FHB/JJF/RWS
T:IAGENDA\2012\9-12-12\Revocable Permits and Easements\Marriott Seville Agreement-MEMO.docx
284
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A DECLARATION REGARDING IMPROVEMENTS AND
MAINTENANCE OF TRAFFIC CIRCLE AREAS WITHIN THE RIGHT-OF-WAY AND
PUBLIC BEACH WALK AND EXCHANGE OF EASEMENTS RELATED THERETO,
WITH SEVILLE ACQUISITION, LLC, OWNER OF THE MARRIOTT SEVILLE, FOR
IMPROVEMENTS TO AND THE MAINTENANCE OF THE 29TH STREET STREETEND
AND TRAFFIC CIRCLE, AND FOR THE CONSTRUCTION OF A PORTION OF THE
BEACHWALK.
WHEREAS, Seville Acquisition, LLC ("Owner") is the owner of the hotel property located at 2901
Collins Avenue ("Property"); and
WHEREAS, the Owner has received development approval for the construction of a hotel and
condominium at the Property, after five Historic Preservation Board ("HPB") meetings and one Board of
Adjustment ("BOA") meeting; and
WHEREAS, the Historic Preservation Board, at its June 14, 2011 meeting, approved the
reconfiguration and improvement of the 29th Street streetend, including the traffic circle; and
WHEREAS, the City requires a maintenance agreement that obliges the Owner to maintain the
street end and traffic circle improvements as the City does not have the resources to properly maintain
these enhancements; and
WHEREAS, the Owner will grant the City an easement for public ingress and egress over a
portion of the pro~erty and will construct a Public Beachwalk along the rear of the Owner's property from
approximately 29t Street to 30th Street, replacing the existing boardwalk; and
WHEREAS, Staff has reviewed the appropriateness of the proposal pursuant to the criteria
established under Section 82-38 of the City Code for the proposed sale or lease of City property and
found that the criteria are satisfied; and
WHEREAS, the Land Use and Development Committee, at its July 25, 2012 meeting,
recommended approval of this proposed Declaration by the Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby approve and authorize
the Mayor and City Clerk to execute declaration regarding improvements and maintenance of traffic circle
areas within the right-of-way and public beach walk and exchange of easements related thereto, with
Seville Acquisition, LLC, Owner of the Marriott Seville, subject to such further modifications as the City
Attorney and the City Manager determine are in the best interests of the City, for improvements to and the
maintenance of the 29th Street streetend and traffic circle, for the construction of a portion of the
beachwalk, and for exchange of easements related thereto.
285
PASSED and ADOPTED this 1ih day of September, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
Date
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\Marriott Seville Agreement-RESO rev.docx
286
This instrument was prepared by:
Name: Michael}. Marrero, Esq.
Address: Bercow Radell & Fernandez, P.A.
200 S. Biscayne Blvd., Suite 850
Miami, FL 33131
Clerk)
THIS DECLARATION REGARDING IMPROVEMENTS AND MAINTENANCE OF TRAFFIC
CIRCLE AREAS WITHIN THE RIGHT-OF-WAY AND PUBLIC BEACHWALK (the "Declaration") is
made this __ day of ---' 2012, by Seville Acquisition, LLC, a Delaware limited liability company (the
"Owner") in favor of the City of Miami Beach, Florida, a municipality of the State of Florida (the "City").
WITNESSETH:
WHEREAS, the Owner holds fee-simple title to the real property (the "Master
Parcel") described on the attached Exhibit A ; and
WHEREAS, the Owner has obtained several development approvals and is
currently seeking building permits from the City of Miami Beach for the restoration and
redevelopment of the Master Parcel to a hotel and residential condominium project (the
"Project") and, in connection with the construction of the Project, Owner proposed to
reconfigure and reconstruct an existing traffic circle (the "Traffic Circle") and surrounding
City owned right-of-way areas adjacent to the Master Parcel ("City Property"), which
proposal contemplates the installation of pavers and landscaping, as well as the relocation
287
of roadways and landscaped areas within the right-of-way (the "Traffic Circle
Improvements"); and
WHEREAS, the Traffic Circle is depicted and legally described on the attached
Exhibit B-1, the City Property is depicted and legally described on the attached Exhibit B-2,
and the Traffic Circle Improvements are depicted on the attached Exhibit B-3 (the "Traffic
Circle Improvements Site Plan"); and
WHEREAS, the Owner will be responsible for maintaining the portion of the
City Property where Traffic Circle Improvements have occurred; and
WHEREAS, the City has requested a covenant from the Owner to ensure that the
improvements installed by or on behalf of the Owner will be maintained in a satisfactory
manner, as described in this Declaration, in perpetuity without cost or obligation to the
City, for as long as the City does not require the removal and replacement of such
improvements, as such removal and replacement may be required pursuant to the terms
and conditions of this Declaration.
NOW, THEREFORE, the Owner voluntarily covenants and agrees that the Master
Parcel shall be subject to the following provisions that are intended and shall be deemed to
be covenants running with the land and binding upon the Owner, its successors in interest
and assigns, as follows:
1. Preamble. The recitals and findings set forth in the preamble of this
Declaration are hereby adopted by reference thereto and incorporated herein as
2
288
if fully set forth in this Section. As used in this Declaration, the term "Owner"
shall mean, initially, Seville Acquisition, LLC, and following the conveyance of
the Master Parcel by Seville Acquisition, LLC, "Owner" shall mean and refer to
the then-current owner(s) of the Master Parcel.
2. Maintenance Obligations. The Owner shall be required to perform
maintenance on all of the Traffic Circle Improvements as reasonably necessary from time
to time to ensure that the City Property shall, at all times, remain in proper condition as
follows:
(i) repairing and/ or replacing broken or cracked brick pavers;
(ii) maintaining, trimming, removing or replacing the landscaping in at least
the same or substantially similar level of landscaping to that which is initially
placed on the City Property by Owner; and
(iii) maintaining the paved surface areas on the City Property in a level
condition so as not to create a tripping hazard for pedestrians.
The Owner shall be responsible for restoring, repairing and/ or replacing the pavers
and landscaping within a reasonable time, not exceeding forty-five (45) calendar days,
following "Acts of Nature" or a permitted Utility Company or City contractor's
maintenance, repair and/ or replacement of any portion of the curbs, gutters, storm drains,
utility facilities, roadways or other improvements abutting and/ or lying on or under the
City Property (the "Work"). The City, Utility Company or City contractor shall notify
3
289
Owner in writing in advance of such Work and shall make all necessary effort to salvage
and store on site the Traffic Circle Improvements' salvageable material and shall provide a
temporary restoration surface with a City standard material such as cement or asphaltic
concrete.
to Maintain /City's to Compel Maintenance.
an instance where the City has determined after reasonable investigation that the Owner
has not adequately maintained, or replaced the Traffic Circle Improvements
accordance with the requirements of Section 2 of this Declaration, or when the City's Parks
Department deems that landscaping within the Traffic Circle Improvements is not
properly maintained in accordance with the requirements of Section 2 of this Declaration
(collectively a "Default"), then after having given the Owner forty-five (45) calendar days
written notice of and opportunity to cure the Default, the Owner acknowledges that the
City, as the affected local government, has (i) the power and standing to initiate, or
intervene in, any proceeding relevant to the condition or maintenance of the City Property
and/ or the Default and (ii) the power to take actions to require the Owner to maintain the
Traffic Circle Improvements according to the maintenance standards set forth in Section 2.
The Owner and its successors and assigns hereby forever waive any objection to such
standing, initiation or intervention by the City (after notice and an opportunity to cure as
set forth in this Section 3). If the Owner does not cure the Default to the reasonable
satisfaction of the City and/ or the City1s Parks Department within the forty-five (45)
4
290
calendar day cure period, then the City also has (i) the right to terminate this Declaration
and repair or replace the Traffic Circle Improvements on the City Property, following the
forty-five (45) calendar days written notice and cure period or (ii) to exercise self-help
measures to correct the Default If the City incurs expenses in connection with
maintaining, repairing or replacing the Traffic Circle Improvements on the City Property,
then all maintenance, repair and replacement expenses incurred by the City shall be
reimbursed by Owner within thirty (30) days after the City provides written invoice and
supporting documentation to Owner relating to such maintenance, repair and/ or
replacement expenses. Any such expenses for maintenance, repair and/ or replacement not
timely reimbursed to the City shall constitute a lien against the Master Parcel.
4. Grant of Easements. Owner grants an easement to the City for the purpose of
permitting the public ingress and egress over that portion of the Master Parcel depicted in
Exhibit C, and more specifically as described in the legal description attached as Exhibit C.
The City grants a non-exclusive easement to Owner over the City Property for the purpose
of installing, maintaining, repairing, replacing and removing, as applicable, the Traffic
Circle Improvements. The City will still have the right to install utilities and/ or grant
utility easements within the non-exclusive easement.
5. Public Beach Walk. The Owner has voluntarily offered, proffered and agreed to
construct a grade level public beach walk ("Public Beach Walk") along the rear of the
subject site (2901 Collins Avenue), from approximately 29th Street to 30th Street, which
291
shall be implemented according to the following conditions.
a. The existing raised board walk adjacent to the dune, in between the
south right-of-way line of 29th Street and the north right-of-way line of 3Qth Street
shall be demolished and removed. A new Public Beach Walk shall be designed,
permitted and built by the applicant and shall connect to the existing raised
boardwalk to the north of 30th Street and to the south of 29th Street. All costs
associated with the design, permitting and construction of the Public Beach vValk,
as described herein, shall be borne by the Owner.
b. The Public Beach Walk shall be consistent with the beach walk master
plan, and shall require the review and approval of the Public Works Department, as
well as all other applicable regulatory agencies and authorities.
c. The Public Beach Walk shall be permitted and substantially
completed prior to the issuance of the Final Certificate of Occupancy for the work
approved by the Historic Preservation Board in HPB file no. ~~~J Order dated
___ ....,.J copy attached as Exhibit D. However, should the completion of the
Public Beach Walk be delayed by circumstances beyond the Owner's control, such
as permitting delays by the City or any State agency, or other agency having
jurisdiction, the issuance of the Final Certificate of Occupancy shall not be withheld
provided that the cost of completion is bonded, or placed in escrow pursuant to a
further agreement with the City, in a form subject to the approval of the City
6
292
Attorney.
6. No City Obligation or Party The Owner
acknowledges that the City has and will have no financial obligations or liability for the
improper maintenance of Traffic Circle Improvements by Owner, which are
appropriately within the obligations of the Owner to maintain the Traffic Circle
Improvements as provided in Section 2. It is the intention of the parties hereto that no
third party beneficiary rights are created or acknowledged through this Declaration.
7. Term of Declaration. This Declaration shall remain full force and effect and
shall be binding upon the Owner for an initial period of thirty (30) years from the date this
instrument is recorded in the public records, and shall be automatically extended for
successive periods of ten (10) years, unless modified, amended or released by mutual
agreement of Owner and the City prior to the expiration thereof or terminated by the City
as provided for in Section 3 of this Declaration.
8. Modification. This Declaration may be modified, amended or released as to any
portion of the Master Parcel, Traffic Circle or City Property encumbered by this
Declaration by a written instrument executed by the City and Owner , provided that same
has been approved by the Director of the Public Works Department. Should this
instrument be so modified, amended or released, the Director of the Public Works
Department, or their successor, or other administrative officer with jurisdiction over the
matter, shall execute a written instrument in recordable form, within thirty (30) days after
7
293
such instrument presented to the Director, effectuating and acknowledging such
modification, amendment or release.
9. Severability. Invalidation of any provision of this Declaration by judgment of
Court shall not affect any of the other provisions of this Declaration, which shall remain in
full force and effect.
This Declaration shall be recorded in the Public Records of Miami-
Dade County, Florida, at the cost of the Owner.
11. City Inspection. It understood and agreed that any official inspector of the
City may have the right at any time during normal working hours to investigate the use
and development of the Traffic Circle Improvements, to determine whether the conditions
of this Declaration and the requirements of the City's building, zoning, land development
regulations and minimum construction and maintenance standards relating to the Traffic
Circle Improvements are being complied with.
12. Hold Harmless and Indemnification. The Owner agrees to hold harmless,
indemnify and defend the City and its elected and appointed officials, and employees
("City Indemnitees"), from and against any and all actions, lawsuits, claims, liabilities,
damages, judgments, sums of money, losses and expenses, in law or in equity, including,
but not limited to, reasonable attorneys' fees and costs at the trial court and all appellate
levels, which may arise in connection with the approval, installation and maintenance of
the Traffic Circle Improvements on or abutting the City Property by Owner, except to the
8
294
extent caused by the City's own gross negligence or willful misconduct. The City shall
have the right to select counsel at rates then prevailing in I\1iami-Dade County, whose
reasonable fees and costs the Owner will pay.
An action to enforce the terms and conditions of this Declaration
relating to the Traffic Circle Improvements may be brought by the City and may be by
action at law or in equity against Owner violating or attempting to violate any such
provision of this Declaration, either to restrain violations or to recover damages. The
prevailing party in the action or suit shall be entitled to recover costs and reasonable
attorneys' fees, at all levels of trial and appeal. This enforcement provision shall be in
addition to any other remedies available under the law.
IN WITNESS WHEREOF, the Owner and City have duly executed this Declaration
as of the day and year first above written.
295
Signed, Sealed and Delivered
In Our Presence:
Signed, Sealed and Delivered
In Our Presence:
Public Works Director
Approved as to form
& language & for
execution
City Attorney
Dated
Dated
10
OWNER:
Seville Acquisition, LLC, a Delaware
limited liability company
By: __________________________ _
Name: _______________________ __
Title:--------------
CITY:
City of Miami Beach, Florida, a
municipality of the State of Florida
By: ________________________ _
Name: ______________ _
Title:---------------
296
STATE OF FLORIDA
COUNTY MIAMI-DADE
)
) ss
)
FOREGOING INSTRUMENT was acknowledged before me
2012 by as
ACQUISITION, LLC., a Delaware limited liability company. He/She personally known
to me or has produced as identification.
My Commission Expires:
NOTARY PUBLIC, State of Florida
Print Name:----~-~-~--
STATE OF FLORIDA )
) ss
COUNTY OF MIAMI-DADE )
THE FOREGOING INSTRUMENT was acknowledged before me this_ day of
2012 by as of CITY OF MIAMI
BEACH, FLORIDA, a municipality of the State of Florida. He/She is personally known to
me or has produced as identification.
My Commission Expires:
NOTARY PUBLIC, State of Florida
Print Name:--~~~~~-~~-
11
297
EXHIBIT A
Legal Description of Master Parcel
12
298
EXHIBIT B-1
Depiction and Legal Description of Traffic Circle
13
299
EXHIBITB-2
Depiction and Legal Description of City Property
14
300
EXHIBIT B-3
Traffic Circle Improvements Site Plan
15
301
EXHIBIT C
Depiction and Legal Description of Portion of Master Parcel Subject to an Easement
16
302
EXHIBITD
Historic Preservation Board Order
17
303
304
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving
And Authorizing The Mayor And City Clerk To Execute A Locally Funded Agreement In The Amount
Of $126,530, And A Maintenance Memorandum Of Agreement, With The Florida Department Of
Transportation, For The Construction And Maintenance Of Proposed Decorative Pedestrian
Crosswalks And Embedded Sidewalk Pavers With Street Names, As Part Of The State Road
A1A/Collins Avenue Project, From 5th Street To Lincoln Road.
Key Intended Outcome Supported:
Enhance mobility throughout the Clty.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Customer Satisfaction
Survey, traffic appears as one of the most important areas affecting residents quality of life; 37% of
residents rated traffic flow as poor; traffic is ranked number 2 by residents as one of the changes that
will make Miami Beach a better place to live; traffic flow is a key driver for recommending Miami
Beach as a place to live.
Issue:
I Shall the Mayor and City Commission approve the Resolution?
Item Summary/Recommendation:
The Florida Department of Transportation (FOOT) is planning construction improvements on Collins
Avenue/State Road (S.R.) fo,1A from 5th Street to Lincoln Road (Project). Construction is scheduled to
begin in April2013, and construction is anticipated to end on January 9, 2014. The Project will include
roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new bulb-outs,
attached mid block bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and
bonded aggregate improvements. The estimated cost of the project is $5.8 million.
On July 18, 2012, per Resolution No. 2012-27954, the City Commission approved various agreements
for roadway and pedestrian enhancements requested by the Collins Improvement Association (CIA) to
improve the quality of life and aesthetics along this corridor. More recently, the City and the CIA have
requested FOOT include additional enhancements in the Project scope to improve the aesthetics and
quality-of-life of this important commercial corridor. The enhancements include decorative crosswalks
and embedded street name sidewalk pavers.
These enhancements will require FOOT to execute additional agreements with the City for the
construction and maintenance of the proposed improvements which are considered above and
beyond the standard improvements typically implemented as part of standard FOOT roadway
improvement projects. These additional improvements carry an additional cost to the City of
$126,530.00. However, partial funding for this project ($1 07,973) is available from a previously
appropriated capital project for this purpose-Crosswalk-Phase II -with funding provided by People's
Transportation Plan (PTP}. Additional funding ($18,557) will be provided from the FY2012/13
Crosswalk-Phase II budget appropriation included in the FY2012/13 Proposed Capital Budget.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Advisory Board Recommendation:
IN/A
Financial Information:
Amount
$ 107,973
$ 18,557
$1 26,530
MIAMI BEACH
305
AGENDA lTEM _C--'--"'----
IJATE f -12-/)-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LOCALLY FUNDED AGREEMENT IN THE AMOUNT OF $126,530,
AND A MAINTENANCE MEMORANDUM OF AGREEMENT, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION AND
MAINTENANCE OF PROPOSED DECORATIVE PEDESTRIAN CROSSWALKS AND
EMBEDDED SIDEWALK PAVERS WITH STREET NAMES, AS PART OF THE STATE
ROAD A1AICOLLINS AVENUE PROJECT, FROM 5TH STREET TO LINCOLN ROAD.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
Funding for this project is currently available from a previously appropriated capital project for this
purpose -Crosswalk Phase II -with funding provided by half-cent transit surtax funds (People's
Transportation Plan (PTP)). Additional funding will be provided by the Crosswalk Phase II Project in
FY 12/13.
BACKGROUND
The Florida Department of Transportation is planning construction improvements on Collins
Avenue/State Road (S.R.) A 1A from 51h Street to Lincoln Road (Project). Construction is scheduled
to begin in April 2013, and construction is anticipated to end on January 9, 2014. The Project will
include roadway milling and resurfacing, restriping, sidewalk/curb and gutter reconstruction, new
bulb-outs, drainage improvements, decorative lighting, landscaping, irrigation, and bonded
aggregate improvements.
The City has been collaborating with the Collins Improvement Association (CIA) for some time to
ensure the FOOT project includes certain aesthetic improvements that will serve to improve the
quality-of-life of this important commercial corridor. As a result of the CIA's involvement, the scope
of the Project has increased from a simple milling and resurfacing project with little pedestrian
306
Commission Memorandum -FOOT Agreements for Collins Avenue from 51h Street to Lincoln Road
September 12, 2012
Page 2 of 3
enhancements to a $5.7 million project with decorative lighting, landscaping, irrigation, and attached
mid-block bulb-outs. On July 18, 2012, per Resolution No. 2012-27954, the City Commission
approved a Locally Funded Agreement with FOOT to fund these enhancements with an estimated
cost of $400,486 to the City.
As an additional request of the CIA, the City has coordinated with FOOT to include further aesthetic
improvements and pedestrian enhancements into the project scope. The new requests of the CIA
include the construction of decorative pedestrian crosswalks using stamped asphalt and the
placement of embedded street name pavers on the sidewalks at each intersection corner throughout
the project. The City Administration strongly believes that the additional requested enhancements
will improve the aesthetics and livability of the Collins Avenue corridor as well as the safety of
pedestrians traveling along the corridor. In addition, the proposed enhancements are consistent with
previous FOOT projects in the City, such as SR 934/71 51 Street Project from East Bay Drive to
Collins Avenue and SR A1A/51h Street Project from West Avenue to Collins Avenue.
FOOT is requiring that the City execute agreements for the construction and maintenance of the
above proposed enhancements, as they are considered above and beyond the standard
improvements typically implemented as part of standard FOOT roadway improvement projects.
These additional enhancements will have a cost of $126,530 to the City. Funding in the amount of
$107,973.53 is available from a previously appropriated capital project for this purpose: Crosswalk
Phase 11-to install and/or maintain pedestrian crosswalks at intersections in the South, Middle, and
North Beach neighborhoods -with funding provided by half-cent transit surtax funds (People's
Transportation Plan (PTP)). Additional funding in the amount of $18,556.47 will be provided by the
Crosswalk Phase II Project in FY 12/13, leaving $81 ,443.53 balance to maintain existing pedestrian
crosswalks.
ANALYSIS
The City of Miami Beach considers Collins Avenue to be a primary north-south arterial and important
gateway corridor serving the mobility needs of residents and visitors. As such, the City and the CIA
have requested FOOT include enhancements in the Project scope which are considered over and
above the standard FOOT roadway improvements.
It is important to note that FOOT typically does not include non-standard improvements and
enhancements in the scope of its roadway projects unless specifically requested by the municipality
wherein the project is located. When such a request is made, the municipality is typically responsible
for the capital and maintenance costs associated with the implementation of the non-standard
improvements and enhancements as part of the FOOT project. Further, Memoranda of Agreements
(MOA) and Locally Funded Agreements (LFA) are required by FOOT in order to fund the
construction costs associated with the non-standard improvements as part of an FOOT project.
Execution of the additional Agreements (Attachments A-C) between FOOT and the City is required
in order to implement the decorative pedestrian crosswalks and the placement of embedded street
name sidewalk pavers as part of this Project.
Locally Funded Agreement (LFA)
At the request of the CIA, the City has requested that decorative pedestrian crosswalks and the
placement of embedded street name sidewalk pavers be installed as part of the Project. FOOT has
agreed with the City's request and requires that the City funds the cost for installation of the
aforementioned enhancements through the execution of a Locally Funded Agreement (LFA). The
LFA provides that FOOT, through its contractor, will install the additional enhancements along
307
Commission Memorandum -FDOT Agreements for Collins Avenue from 51h Street to Lincoln Road
September 12, 2012
Page 3 of 3
Collins Avenue from 5th Street to 16th Street as part of the Project. Pursuant to the LFA, the City's
contribution is $126,530.00.
Crosswalks and Embedded Pavers Maintenance Memorandum of Agreement (MMOA)
FOOT requires that the City enter into a Maintenance Memorandum of Agreement (MMOA) for the
maintenance of the proposed decorative crosswalks and embedded sidewalk pavers requested by
the City and constructed as part of the Project. FOOT will install decorative crosswalks and
embedded sidewalk pavers in accordance with the design plans and the City will be responsible for
the maintenance of said enhancements on the FOOT right-of-way.
CONCLUSION
The Administration has determined that the State Road A1A/Collins Avenue Project with the
additional requested pedestrian enhancements is in the best interest of the City as it will improve the
aesthetics of this primary north-south arterial roadway in the City. As such, the Administration
recommends that the Mayor and City Commission approve and authorize the City Manager to
execute the required Agreements with FOOT.
Attachments:
A. Locally Funded Agreement (LFA)
B. Crosswalks and Pavers Maintenance Memorandum of Agreement (MMOA)
JGG/FHB/JJF/RWS/JRG/JFD
T:\AGENDA\2012\9-12-12\FDOT AGREEMENTS FOR COLLINS AVENUE FROM 5TH STREET TO LINCOLN ROAD
308
FUNDED (hereinafter 'Agreement') is made and entered into
this _ day of -------' 20 , between the MIAMI a municipal
corporation of the State of Florida, hereinafter referred to as the 'CITY', and the
OF a component agency of the State of
Florida, hereinafter referred to as the 'DEPARTMENT'.
CITY jurisdiction over and maintains State Road (S.R.) AlA/Collins
A venue corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed
stamped asphalt crosswalks and street name pavers to various intersections along S.R. AlA/Collins
A venue from 5th Street to 16th Street; and
the D EP AR TMENT has agreed to install or cause to be installed stamped
asphalt crosswalks and street name pavers to various intersections along S.R. AlA/Collins Avenue
from 5th Street to 16th Street, subject to the terms and conditions detailed in this Agreement; and
\VHEREAS, the CITY shall fund the increased costs, under financial project number
250236-3-52-03, associated with the installation of the stamped asphalt crosswalks and street name
pavers on S.R. AlA/Collins Avenue, from 5th Street to 16th Street, hereinafter collectively called the
'PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein
incorporated by reference; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 339.12 (2006), Florida Statutes, and authorize its officers to do so.
Beach
the Florida
309
NOW, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. The Recitals to this Agreement are true and correct and are incorporated herein
by reference and made a part hereof.
Requirements
(a) A true and correct copy of the Resolution of the CITY Commission approving this
Agreement is attached hereto as Exhibit "C'', 'CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The CITY:
1. shall utilize the U.S. Department of Homeland Security'y E-VerifY system
to verify the employment eligibility of all new employees hired by the
CITY during the term of the Agreement; and
n. shall expressly require any subcontractors performing work or providing
services pursuant to the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the
employment eligibility of all new employees hired by the subcontractor
during the Agreement term.
(c) The DEPARTMENT will administer and construct the PROJECT in accordance with
the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A",
'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the
funds provided by the CITY.
310
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
ONE HUNDRED T\VENTY SIX THOUSAND FIVE HUNDRED THIRTY
DOLLARS ($126,530.00), for the PROJECT, subject further to the provisions in
Section 3 of this Agreement and as outlined in the attachment Exhibit "B", "Financial
Summary", which is herein incorporated by reference.
(e) The DEPARTMENT Contractor will not commence work on the PROJECT until
CITY funding for the PROJECT is on deposit with the DEPARTMENT.
(f) Upon the receipt, authorization and encumbrance of funding received from the CITY
as a result of this Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
Financial Provisions.
(a) The CITY agrees that it will, no later than the ih of October 201 fumish the
DEPARTMENT an advance deposit in the amount of ONE HUNDRED TWENTY
SIX THOUSAND FIVE HlJNDRED THIRTY DOLLARS ($126,530.00) for full
payment of the estimated PROJECT cost for Locally Funded project number 250236-
3-52-03. The advance deposit shall be the total estimated PROJECT cost plus
allowances. The DEPARTN1ENT may utilize this deposit for payment of the costs of
the PROJECT.
(b) If the accepted bid amount plus allowances is in excess of the advance deposit amount,
the CITY will provide an additional deposit within fourteen (14) calendar days of
notification from the DEPARTMENT or prior to posting of the accepted bid,
whichever is earlier, so that the total deposit is equal to the bid amount plus
allowances. The DEPARTMENT will notify the CITY as soon as it becomes apparent
and
311
the accepted bid amount, plus allowances, is in excess of the advance deposit amount.
However, failure of the DEPARTMENT to so notify the CITY shall not relieve the
CITY from its obligation to pay for its full participation on final accounting as
provided herein below. If CITY cannot provide the additional deposit within
fourteen (14) days, a letter must be submitted to and approved by the
DEPARTMENT's project manager indicating when the deposit will be made. The
CITY understands the request and approval of the additional time could delay the
PROJECT, and additional costs may be incurred due to a delay ofthc PROJECT.
(c) If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share total PROJECT costs, the CITY will be notified by
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in advance
of additional work being performed, adequate funds to ensure that cash on deposit
with the DEPARTMENT is sufficient to fully fund its share of the PROJECT. The
DEPARTMENT shall notify CITY as soon as it becomes apparent the actual costs
will overrun the award amount. However, failure of the DEPARTMENT to so notify
the CITY shall not relieve the CITY from its obligation to pay for its full participation
during the PROJECT and on final accounting as provided herein below. Funds due
from the CITY during the PROJECT not paid within forty ( 40) calendar days from the
date of the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, Florida Statutes (F.S.).
312
(e) The DEPARTMENT intends to have its final and complete accounting of all costs
incurred in com1ection with the work performed hereunder within three hundred and
sixty (360) days of final payment to the Contractor. The DEPARTMENT considers
the PROJECT complete when payment has been made to the Contractor, not
when the construction work is complete. All PROJECT cost records and accounts
shall be subject to audit by a representative ofthc CITY for a period of three (3) years
after final close out of the PROJECT The CITY will be notified of the final cost
Both parties agree that in the event final accounting of total PROJECT costs pursuant
to the tem1s of this agreement is less than the total deposit to date, a refund of the
excess will be made by the DEPARTMENT to the CITY. If the final accounting is
not performed within three hundred and sixty (360) days, the CITY is not relieved
from its obligation to pay.
(f) In the event the final accounting of total PROJECT costs is greater than the total
deposits to date, the CITY will pay the additional amount within forty ( 40) calendar
days from the date ofthe invoice from the DEPARTMENT. The CITY agrees to pay
interest at a rate as established pursuant to Section
within forty ( 40) calendar days until the invoice is paid.
F.S., on any invoice not paid
(g) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached Memorandum of
Agreement (MOA) between the CITY, Department and the State of Florida,
Department of Financial Services, Division of Treasury.
and the Florida 250236-3-52-03
313
4.
(h) Nothing in this Agreement shall be construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows:
by the
"The Department during any i1scal year, shall not expend money, incur any liability,
or enter into any contract which, by its terms, involves the expenditure of money in
excess of the amounts budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, in violation of this subsection is null and void.
and no money may be paid on such contract The Department shall require a statement
from the Comptroller of the Department that such :funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making contracts for periods exceeding one year, but
any contract so made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in
excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a
term for a period of more than one year."
Agreement. This Agreement shall become effective upon execution
and the DEPARTMENT and as ofthe date set forth on page one (1) hereof.
Provisions Separable. The provisions of this Agreement are independent of and separable
from each other, and no provision shall be affected or rendered invalid or unenforceable by
virtue of the fact that for any reason any other or others of them may be invalid or
unenforceable in whole or in part.
6. of Agreement This Agreement may only be amended by mutual agreement of
the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each.
and the Florida
314
7. Notices. All notices, requests, demands and other communications required or permitted
under this Agreement shall be in writing and shall be deemed to have been duly given, made
and received when delivered (personally, by courier service such as Federal Express, or by
other messenger) against receipt or upon actual receipt of registered or certified mail, postage
prepaid, return receipt requested, addressed as set forth below:
(a) If to the
(b) If to the DEPARTMENT:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Jose Gonzalez, Transportation Manager
Florida Department of Transportation
1 000 NW 111 A venue, Room 6202B
Miami, Florida 33172
Attention: Michelle L. Meaux, JP A Coordinator
Any party may alter the address to which communications or copies arc to be sent by giving
notice of such change of address in conformity with the provisions of this paragraph for the
giving of notice.
Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and
entire Agreement between the parties with respect to such subject matter and supersede any
and all other prior written or oral agreements between them with respect to such subject
matter.
unuu.~ Effect. This Agreement shall be binding upon the parties and their respective
representatives, successors and assigns.
10. Waiver. Waiver by either party of any breach of any provision ofthis Agreement shall not be
considered as or constitute a continuing waiver or a waiver of any other breach of the same or
any other provision of this Agreement.
and
315
11. The captions contained in this Agreement are inserted only as a matter of
convenience or reference and in no way define, limit, extend or describe the scope of this
Agreement or the intent of any of its provisions.
Nothing in this Agreement, express or implied, is
intended to (a) confer upon any entity or person other than the parties and their pennitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b)
authorize anyone not a party to this Agreement to maintain an action pursuant to or based
upon this Agreement.
13. Other Documents. The parties shall take all such actions and execute all such documents
which may be reasonably necessary to carry out the purposes of this Agreement, whether or
not specifically provided for in this Agreement; provided that the parties further acknowledge
that certain additional actions by the CITY may require approval by the CITY Commission,
and, to the extent such approval is required by applicable law, obtaining such approval shall
be a condition to the obligations of the CITY under this Section.
14. Governing Law. This Agreement and the interpretation of its tenns shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
judicial, administrative or other action to enforce or construe any tenn of this Agreement or
arising from or relating to this Agreement shall lie exclusively in Miami-Dade County,
Florida.
Beach
and the Florida
316
WITNESS the parties hereto have made and executed this Agreement on
the day and year first above written, the ClTY OF MIAMI BEACH, signing by and through its City
Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
BY: BY:
ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
DISTRICT CHIEF COUNSEL
Page 9 ofl2
Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 250236-3-52-03
317
'A'
OF
The PROJECT work consists of constructing improvements consisting of stamped asphalt crosswalks
and street name pavers installation at various intersections along ALA/Collins A venue from 5th
Street to 16th Street in the CITY. The locations of the crosswalks are on S.R. AlAJCollins Avenue
and:
6th Street (west, east and north legs)
7th Street (all four legs)
81h Street (all tour legs)
91h Street (all tbur legs)
101h Street (all four legs)
I 11h Street (all four legs)
l21h Street (all four legs)
l31h Street (all four legs)
14th Street (all four legs)
Espanola Way (T-Intersection, all three legs)
15th Street (T-Intersection, all three legs)
PROJECT LIMITS: S.R. AlA/Collins Avenue from 5th Street to 16th Street
DEPARTMENT Financial Project Number: 250236-3-52-03
COUNTY: Miami-Dade
DEPARTMENT Project Manager: Heidi Solaun-Dominguez, P.E. 305-470-5282
CITY Project Manager: Jose Gonzalez, Transportation Manager 305-673-7080 Ext. 6768
and
318
EXHIBIT 'B'
FINANCIAL
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 250236-3-52-03, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2012/2013 $126,530.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $ 126 530.00
Beach
and the Florida Number 250236·3·52·03
319
To be attached hereto and incorporated herein once ratified by the CITY Commission.
320
WITH
OF MIAMI
This AGREEMENT, entered into on 20 __ , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an
agency of the State of Florida, inafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, a municipal corporation
of the State of Florida, hereinafter called the CITY, and
collectively referred to as the PARTIES.
RECITALS:
A. The DEPARTMENT has jurisdiction over State Road (S.R.)
AlA/Collins Avenue, from 5 th Street (M.p. 3.676) to 16th
Street (M.p. 4.66), which is located within the limits of
the CITY; and
B. The DEPARTMENT, pursuant to Contract # T-6294, has drafted
design plans for improvements on S. R. AlA/Collins Avenue,
from 5th Street to 16th Street, the limits of which are
described in the attached Exhibit 'A' (the PROJECT
LIMITS) , which by reference shall become a part of this
AGREEMENT; and
c. The DEPARTMENT will install stamped asphalt ('Pattern
Pavement 1
)
with the
"Project 11
) i
crosswalks and street name pavers in accordance
design plans for Contract # T-6294 (the
and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the responsibilities of each party with regards to
the maintenance of the Pattern Pavement crosswalks and
street name pavers installed pursuant to the Project; and
E. The CITY,
attached
become a
AGREEMENT
by Resolution No. dated
as Exhibit 'B I f which by
part of this AGREEMENT, desires to
and authorizes its officers to do
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Pagel of 13
321
reference
enter into
80.
l
this
NOW, THEREFORE, for and in
benefits contained herein and
consideration, the parties covenant
consideration of the mutual
other good and valuable
and agree as follows:
1. RECITALS
The recitals in
are incorporated
hereof.
2. DEPARTMENT
this AGREEMENT are true and
herein by reference and
correct,
made a
and
part
The PARTIES agree that all maintenance responsibilities
pertaining to the Pattern Pavement crosswalks and street
name pavers shall be assigned to the CITY in perpetuity
upon the DEPARTMENT's issuance of the Notice of Final
Acceptance of the Project to its contractor.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the Pattern Pavement crosswalks and
street name pavers in accordance with all applicable
Department guidelines, standards, and procedures, which
shall include but shall not be limited to the Maintenance
Rating Program Handbook, as may be amended from time to
time. Additionally, the CITY shall maintain the Pat tern
Pavement crosswalks and street name pavers in accordance
with the guidelines, and procedures, as may be amended from
time to time, and in accordance with the standards set
forth in the Project Plans, and in the Project
Specifications and Special Provisions. The CITY's
maintenance obligations shall lude but not be limited
to:
3.1 Pattern Pavement Crosswalks:
a) Within sixty (60) days of final acceptance by the
DEPARTMENT, all lanes of each patterned crosswalk
shall be evaluated for surface friction. The
friction test shall be conducted using either a
locked wheel tester in accordance with FM 5-592
(Florida Test Method for Friction Measuring Protocol
for Patterned Pavements) or a Dynamic ction
Tester in accordance with ASTM El9ll. FM 5-592 can
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Reach
Page 2 of 13
322
be accessed at the following link:
The initial friction resistance shall be at least
thirty five (35), obtained at 40 mph with a ribbed
tired test (FN40R) or equivalent. lure to
achieve this minimum resistance shall re all
deficient crosswalk areas to be removed to their
full extent (lane-by-lane) and replaced with the
same quality product installed init ly. If the
DEPARTMENT determines that more than fifty percent
(50%) of the lanes in the intersection require
replacement, the entire intersection may be
reconstructed with a different product on the
Qualified Products List (QPL) or replaced with
conventional pavement.
b) One (1) year after the final acceptance/ and every
two (2) years therea for the life of the
patterned crosswalk, only the outside traffic lane
areas of each patterned crosswalk shall tested
for friction resistance in accordance with ASTM E274
or ASTM E1911. Friction resistance shall 1 at a
minimum, have a FN40R value of thirty five (35) (or
equivalent) .
Failure to achieve minimum friction resistance shall
require all lanes of the crosswalk to be friction
tested to determine the extent of the deficiency.
All deficient areas shall be removed to their full
extent (lane-by-lane) and replaced with the same
product installed initially. If more than fifty
percent (50%) of the lanes in the intersection
require replacement, the entire intersection
installation may be reconstructed with a different
product on the QPL.
c) When remedial action is required in accordance with
the above requirements/ the CITY shall complete all
necessary repairs at its own expense within ninety
(90) days of the date the deficiency is identifi
No more than two (2) full depth patterned pavement
repairs 1 be made to an area without f t
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 3 of 13
323
resurfacing the pavement to one inch (1") minimum
depth.
d) In addition to the requirements stated above, the
CITY shall conduct annual condition surveys of the
patterned pavement rutting, raveling, pot holes,
delamination and cracking for the li of the
patterned pavement.
Unless the pavement adjacent to the crosswalk is
also ing adjacent pavement rutting
defic ies, rutting depth of the patterned
pavement shall not 0.25 inches or more than
25 square inches in area. Remedial work shall
include the full depth removal of the patterned
pavement across the l width of the lane and
crosswalk.
Unless the pavement adjacent to the crosswalk is
also experiencing cracking deficiencies, cracking
width of the patterned pavement shall not exceed 1/8
of an inch for more than 10 in any lane of the
crosswalk. Remedial work shall as a
minimum, the l. depth removal of
pavement along the complete length of
and the width recommended by the manufacturer.
e) The results of all ction tests and condition
surveys shall be sent to District's Warranty
Coordinator with a cover letter either certifying
that the crosswalks comply with the above stated
requirements, or what al action will be taken
to restore the friction and/or integrity of the
crosswalk area.
f) DEPARTMENT will not be responsible for replacing
the treatment lowing any construction activities
in the vicinity of the treatment.
g) The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities
in the vic ty of the treatment.
h) The CITY shall sweep the Pattern Pavement
surfaces periodically to keep them
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 4 of l3
324
crosswalk
debris
and to mainta an aesthetically pleasing condition.
A light pressure washing may necessary for heavy
sta removal or cleaning.
3.2 Street Name Pavers:
a) The CITY shall conduct annual condition surveys of
the pavers for gaps, settlement, drop-offs, and
other deficiencies for the life of the sidewalk.
b) Gaps within the pavers shall not exceed a quarter
of an inch (0.25").
c) Differential settlement within the pavers l not
exceed a quarter of an inch (0.25") in depth.
d) When remedial action is required in accordance with
the above requirements, the CITY at its own expense
shall complete all necessary rs within ty
(90) days of the date the deficiency is identified.
The CITY shall submit all ces logs, inspections and
surveys to the DEPARTMENT Warranty Coordinator as required
in the above maintenance responsibilities.
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the Pattern Pavement crosswalks and
street name pavers to ensure that the CITY is performing
its dut s pursuant to this AGREEMENT. The DEPARTMENT shall
share with the CITY its inspection findings, and may use
findings as the basis its decisions regardlng
maintenance deficiencies, as set forth in Section 4 of this
AGREEMENT. The CITY is responsible for obtaining copies of
all applicable rules, regulations, policies, procedures,
guidelines, and manuals, and the Project Specification and
Special Provisions, as may be amended from time to time.
4. MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to
notify CITY of the maintenance ficiencies. From the
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 5 of 13
325
date of receipt of the notice, the CITY shall have a
of thirty (30) calendar days/ within which to correct
ci deficiency or ficiencies. Receipt is determined in
accordance with Section 5 this AGREEMENT.
If said
period,
follows:
deficiencies are not
the DEPARTMENT may/
corrected within
at its option,
this t
proceed as
a) Maintain the Pattern Pavement crosswalks and street
name pavers, or a part thereof and invoice the CITY
for expenses incurred; or
b) Terminate this Agreement in accordance with Section 7 1
remove any or all the Pattern Pavement crosswalks and
street name pavers located within the PROJECT LIMITS 1
and charge the CITY the reasonable cost of such
removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or
given hereunder, shall be writing and l be sent by
certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
To the CITY:
Attn: District Maintenance
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: ty Manager
Notices shall be deemed to have been received by the end of
five ( 5) business days from the proper sending thereof
unless proof of prior actual receipt is provided.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 6 of 13
326
a) The Part s agree the Pattern Pavement crosswalks
and street name pavers addressed by this AGREEMENT may
be removed, relocated or adjusted at any time in the
future, at the DEPARTMENT'S sole discretion. In the
event that the DEPARTMENT relocates or adjusts the
Pattern Pavement crosswalks and street name pavers,
the CITY'S maintenance responsibilities will survive
the relocation or adjustment, as long as the mat als
remain within the PROJECT LIMITS.
7 . TERMINATION
This AGREEMENT is subject to termination under any one of
the following conditions:
a) By the DEPARTMENT, if the CITY f ls to perform its
duties under Section 3 of this AGREEMENT, lowing
the thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
b) In accordance with Section 287.058 (1) (c) 1 Florida
Statutes 1 the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or l documents,
papers, letters, or other materials made or rece
c)
by the CITY pertinent to this AGREEMENT which are
subject to provisions of Chapter 119, of Florida
Statutes.
If mutually agreed to by both
(30) days advance notice. An
shall be valid only if made in
with the same formalities as this
upon thirty
to terminate
writing and executed
AGREEMENT.
8. TERMS
a)
b)
The effective date of
upon execution by the
continue in perpetuity
forth in Section 7.
this AGREEMENT shall commence
PARTIES . s AGREEMENT shall
or until termination as set
For purposes of performing its dut
Maintenance Memnnmdum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 7 of l3
327
under this
AGREEMENT, the CITY shall insert the following
into any contracts entered into by the CITY,
vendors or contractors:
Vendors/Contractors:
a use
with
i. Shall utilize the U.S Department of Homeland
Security's E-Verify system to verify the
employment eligibility all new employees
hired by the vendor/contractor during
term of the AGREEMENT; and
ll. Shall expressly require subcontractors
performing work or providing services
pursuant to the state contract to likewise
utilize the U.S. Department of Homeland
Security's E-Verify system to verify the
employment all new employees hired by the
subcontractors during the AGREEMENT term.
c) This writing embodies the entire agreement and
understanding between the parties hereto and there are
no other agreements and understanding, oral or
written, with reference to the subject matter hereof
d)
that are not merged in and superseded hereby.
This AGREEMENT shall not be
in whole or in part, without
of the DEPARTMENT.
transferred or assigned,
prior written consent
e) This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the
AGREEMENT.
f)
g)
actions arising out
interpretation,
of this AGREEMENT
of or in
validity,
shall lie
Venue for any and all
connection to the
performance or breach
exclusively in a state
Leon County, Florida.
court of proper jurisdiction in
A modification or waiver
this AGREEMENT shall be
of any of the
effective
Maintenance Memorandum of Agre~ment
between Florida of Transportation and of Miami
8 of !3
328
of
h)
i)
writing and executed with the same formality as this
agreement.
section headings contained in
reference purposes only and
meaning or interpretation hereof.
s AGREEMENT
l not affect
No term or
interpreted
Party or
provision.
provision of this AGREEMENT shall
for or against either Party because
its legal representative drafted
are
the
be
the
the
j) DEPARTMENT is a state agency 1 self-insured and
subject to the provisions of Section 768.28 1 Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT'S sovereign
immunity protections, or as increas the limits of
liabili as set forth in Section 768.28, Florida
Statutes.
9. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be
amended from time to time, the CITY shall promptly
indemnify, defend, save and hold harmless the DEPARTMENT,
its officers, agents/ representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalt s, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including regulatory
and appellate fees) , and suits of any nature or kind
whatsoever caused by, arising out of, or related to the
CITY's exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to this agreement,
whether rect or indirect, except that neither the CITY
nor any of its officers/ agents, employees or
representatives will be liable under this provision for
damages sing out of injury or damages directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY's obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT's option,
Maintenance Memorandum of Agreement
between Florida Department ofTmnsportalion and of Miami
9 of 13
329
to participate and associate with the DEPARTMENT ln the
defense and trial of any claim and any related settlement
negotiat shall be triggered immediately upon the
CITY's receipt of the DEPARTMENT's notice of claim for
indemnification. The notice of claim for indemnification
shall deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT's
failure to notify the CITY of a claim shall not ease the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
The CITY shall pay all costs and s at to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY's evaluation of liability or its inability to
evaluate liability shall not excuse the CITY's duty to
defend and indemnify the DEPARTMENT under the provisions of
this section. Only an adjudication or judgment, after the
highest appeal is exhausted, specifi ly finding the
DEPARTMENT was solely negligent shall excuse performance of
this provision by the CITY.
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 10 of 13
330
IN WITNESS WHEREOF, the parties hereto have caus these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH:
CITY Mayor
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
District Director of
Transportation Operations
ATTEST: __________________ (SEAL) ATTEST: ____________________ __
CITY Clerk Execut
LEGAL REVIEW:
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 11 of 13
331
Secretary
ef Counsel
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits
street name pavers to
of Pattern Pavement crosswalks
maintained under this AGREEMENT.
State Road Number: S.R. AlA/Collins Avenue
Agreement Limits: From 5th Street (M.P. 3.676} to 16th Street
(M.P. 4. 66}
County: Miami-Dade
The locations of the crosswalks are on S.R. AlA/Collins Avenue
and:
6th Street (west, east and north legs)
7th Street (all four legs)
gth Street (all four legs)
gth Street (all four legs)
lOth Street (all four legs)
11th Street (all four legs)
12th Street (all four legs)
13th Street (all four legs)
14th Street (all four legs)
Espanola Way (T-Intersection, all three legs)
15~ Street (T-Intersection, l three legs)
Maintenance Memorandum of Agreement
between Florida Department of Transportation and City of Miami Beach
Page 12 of 13
332
and
EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once ratified by
Commissioners.
Main!cmmce Memorandum Agreement
CITY Board of
between Florida Department ofTnmsportation am! of Miami Reach
of l3
333
RESOLUTION TO BE SUBMITTED
334
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Joint Participation Agreement, A Utility Work By
Highway Contractor Agreement, Utility Work By A Contractor Memorandum Of Agreement, And A
Stormwater Pump Stations And Pollution Control Structures Maintenance Memorandum Of Agreement, With
The Florida Department Of Transportation, For The Construction Of Drainage Improvements Along 101
h
Street, For Watermain Improvements Along Alton Road, And For Maintenance Of Pump Station And
Pollution Control Structures, As Part Of The State Road 907/Aiton Road Project From 51h StreetTo Michigan
Avenue.
orted:
Supporting Data -2009 Community Survey: N/A
Issue:
Shall the Mayor and City Commission Approve the Resolution?
Item Summary/Recommendation:
The Florida Department of Transportation (FOOT) is planning to construct improvements on Alton
Road/State Road (SR) 907 from 51
h Street to Michigan Avenue (Project). Construction is scheduled to begin
in April 2013 and be completed in July 2015. The Project will include roadway, sidewalk, curb and gutter
reconstruction, significant drainage improvements, including construction of three (3) stormwater pump
stations, decorative roadway and pedestrian lighting, landscaping, irrigation, and bonded aggregate
improvements. In order for FOOT to include the construction of the necessary stormwater drainage and
watermain improvements as part of the Project, the execution of the below agreements is required.
The execution of a Joint Participation Agreement (JPA) with FOOT will allow the City to construct the
proposed FOOT drainage elements along 1 01h Street (at FOOT's cost) as part of the City's 1 01h Street
project, thus ensuring that the City's 1 01h Street improvements are not adversely impacted by the subsequent
Alton Road project.
The execution of the Utility Work by Highway Contractor Agreement and Memorandum of Agreement are
required for FOOT to construct the proposed City watermain relocations and upgrades along the corridor as
part of the Alton Road Project. Pursuant to this agreement, the cost to be endured by the City is of
$2,680,670.52
FOOT requires that the City enter into a Stormwater Pump Stations and Pollution Control Structures
Maintenance Memorandum of Agreement (MMOA) for the maintenance of the three (3) proposed pumps
stations and pollution control structures to be constructed as part of the Project. FOOT will install pump
stations and pollution control structures in accordance with the design plans and the City will be responsible
for the annual maintenance of these drainage features while FOOT will be responsible for the pump station
structures and control panels; will pay for the construction of the pump stations; for the power (electricity) to
operate the stations; for major repairs of the pump components including pumps, motors, and impellers; and
for the replacement of the pumps. FOOT will also provide the City with two generators and a spare pump.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION
Advisory Board Recommendation: N/A
MIAMI BEACH 335
AGENDA ITEM -.....,--'--'---
DATE_L..J......::::.......t.......:=
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A JOINT PARTICIPATION AGREEMENT, A UTILITY WORK BY
HIGHWAY CONTRACTOR AGREEMENT, UTILITY WORK BY A CONTRACTOR
MEMORANDUM OF AGREEMENT, AND A STORMWATER PUMP STATIONS AND
POLLUTION CONTROL STRUCTURES MAINTENANCE MEMORANDUM OF
AGREEMENT, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE
CONSTRUCTION OF DRAINAGE IMPROVEMENTS ALONG 10 STREET, WATERMAIN
IMPROVEMENTS ALONG ALTON ROAD, AND MAINTENANCE OF PUMP STATION
AND POLLUTION CONTROL STRUCTURES, AS PART OF THE STATE ROAD
907/AL TON ROAD PROJECT FROM 5TH STREET TO MICHIGAN AVENUE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
Funding for the Maintenance Memorandum of Agreement will be provided from the Stormwater
Fund Operating budget in FY 2014/15 when it's anticipated when the pump stations will be
operational.
BACKGROUND
The Florida Department of Transportation (FOOT) is planning construction improvements on Alton
Road/State Road (SR) 907 from 5th Street to Michigan Avenue (Project). Project construction is
scheduled to begin in April 2013 and be completed in July 2015. The Project will include roadway,
sidewalk, and curb and gutter reconstruction, significant drainage improvements including
construction of three (3) stormwater pump stations at 5th Street, 10th Street, and 14th Street,
decorative lighting, landscaping, irrigation, and bonded aggregate improvements.
In order for FOOT to include the construction of the necessary drainage and watermain
improvements as part of the Project, the execution of various FOOT agreements is required to
stipulate funding sources and responsibilities among the parties. The following additional
336
Commission Memorandum -FOOT Agreements for Alton Road from 51h Street to Michigan Avenue
September 12, 2012
Page 2 of 4
agreements require City Commission approval and are further described below: a Joint Participation
Agreement, a Utility Work by Highway Contractor Agreement, a Utility Work by Highway Contractor
Memorandum of Agreement, and a Maintenance Memorandum of Agreement.
ANALYSIS
Joint Participation Agreement (JPA) for 10111 Street Drainage Improvements
FOOT is proposing to construct a pump station at the intersection of Alton Road and 1 01h Street.
This work will include the installation of a box culvert along 1 01h Street which will serve as the new
outfall for the proposed FOOT drainage system along Alton Road.
As a separate project, the City is proposing to construct a new seawall and street-end improvements
at 1 01h Street west of Alton Road to enhance 1 01h Street. This City's project is scheduled to begin
construction in October 2012 and end construction prior to the commencement of the FOOT project
on Alton Road. In an effort to ensure coordination between the FOOT project and City project and
minimize the construction impacts to residents along 1 01h Street, a JPA between FOOT and the City
is being recommended for City Commission approval. The JPA with FOOT will allow the City to
incorporate the proposed FOOT drainage elements along 1 01h Street (at FOOT's cost) as part of the
City's 1 01h Street project, thus ensuring that the City's 1 01h Street improvements are not disturbed by
the subsequent Alton Road project.
FOOT will provide funding in the amount of $64,185 to the City to cover the portion of construction
along 1 01h Street pertaining to the Alton Road project.
Utility Work by Highway Contractor Agreement
As part of the FOOT project, relocation of the City-owned water main system along Alton Road is
required. Considering the age and condition of the existing City utility infrastructure, staff determined
that it would be advantageous to the City to upgrade the existing water main system as part of the
FOOT project. In addition, the Project will also include upgrading the water main laterals that
service the side streets along the Project corridor.
The Utility Work by Highway Contractor will allow FOOT to construct the proposed water main
improvements as part of the Alton Road project. These improvements will have a cost to the City of
$2,680,670.52
Utility Work by Highway Contractor Memorandum of Agreement
This Agreement creates an escrow account established by FOOT with an advance deposit in the
amount of $2,680,670.52 funded by the City for the purpose of the construction of new water main
system on Alton Road Avenue from 51h Street to Michigan Avenue as part of the Project.
Stormwater Pump Stations and Pollution Control Structures Maintenance Memorandum of
Agreement (MMOA)
One of the primary elements of the Project is the construction of three (3) new stormwater pump
stations. These pump stations will take care of the flooding that occurs at various locations along the
Alton Road corridor due to rainfall and/or tidal influences. These pump stations will drain FOOT
right-of-way and City right-of-way. (The contributing areas of these pump stations is only 39% FOOT
337
Commission Memorandum -FOOT Agreements for Alton Road from 51h Street to Michigan Avenue
September 12, 2012
Page 3 of 4
right-of-way.)
FOOT had proposed sharing the entire cost of the pump stations, wherein FOOT would pay 39%,
and the City would pay 61% of the cost. Through negotiations, the City agreed that it will maintain
the pumps and pollution control structures. FOOT will maintain the pump station structures and
control panels. FOOT will pay for the construction of the pump stations; for the power (electricity) to
operate the stations; for major repairs of the pump components including pumps, motors, and
impellers; and for the replacement of the pumps. FOOT will also provide the City with two generators
and a spare pump.
City staff conducted a cost-benefit analysis comparing paying the maintenance cost relative to
paying a 61% share of the entire cost of the pump stations. The annual cost of maintenance is
estimated to be $35,000. Excluding initial capital costs which will be paid by FOOT, the entire annual
cost of the pump stations is estimated to be:
Operating cost (Electricity) 1
Maintenance2
Major Repair3
Replacement4
Total
167 kW x 90 hours x $0.28/kW-hr
$115,000 X 6 X 5%
[$115,000/pump x 6 pumps I 5 years]/4
$115,000/pump x 6 pumps /20 years
1 assume 30 cfs pump station at 80% efficiency, running 90 hours/year
2 assume annual maintenance at 5% of capital cost
3 assume major repair needed every five years at ~ cost of replacement
4 assume expected life of pumps is 20 years
= $ 4,200
= $34,500
= $34,500
= $57,500
$130,700
The City's 61% of the $130,700 annual operating and maintenance cost share would have been
approximately $80,000. Therefore, it is to the City's financial benefit to pay for the annual
maintenance of the pump stations, at an estimated cost of $35,000, in lieu of cost sharing total
annual cost of operating and maintaining the pump stations.
City maintenance of the pump stations is mutually beneficial to the City and FOOT. In addition to the
savings, the City will have control over the operation of the pump stations and will be connected to
the City's Utility Control Room at the Public Work's Yard via the Supervisory Control and Data
Acquisition system. FOOT does not have the appropriate staff for this activity and typically has the
municipalities, in whose jurisdiction it has installed pump stations, maintain them.
FOOT requires that the City enter into a MMOA for the maintenance of the proposed pumps stations
and pollution control structures. Pursuant to the MMOA, FOOT will construct the pump stations and
pollution control structures in accordance with the design plans and the City will be responsible for
the maintenance of said enhancements. Further, FOOT will be responsible for the cost of powering
the stations and the maintenance of the control panel and pump station structures.
It is anticipated that funding to support this MMOA in the estimated amount of $35,000 will be first
needed in FY 2014/15.
CONCLUSION
The City considers Alton Road to be a primary north-south arterial and important gateway corridor,
serving the mobility needs of residents and visitors. The Administration strongly believes that the
proposed stormwater drainage and watermain improvements to be constructed as part of the FOOT
338
Commission Memorandum -FDOT Agreements for Alton Road from 51h Street to Michigan Avenue
September 12, 2012
Page 4 of4
Alton Road Project are critical to the sustainability and quality-of-life of the City. The proposed
stormwater drainage and watermain improvements along Alton Road will require execution of the
above Agreements in order for FOOT to construct the improvements as part of the Project. As such,
the Administration recommends approving the Resolution authorizing the aforementioned
Agreements with FOOT.
Attachments:
A. Joint Participation Agreement (JPA)
B. Utility Work by Highway Contractor Agreement
C. Utility Work by Highway Contractor Memorandum of Agreement
D. Stormwater Pump Stations and Pollution Control Structures Maintenance Memorandum of
Agreement (MMOA)
T:\AGENDA\2012\9-12-12 \FOOT Agreements for Alton Road from 51h Street to Michigan Avenue
339
STATE
Attachment
.;tNumber:
PARTICIPATION AGREEMENT
BETWEEN
FLORIDA DEPARTMENT
AND THE
CITY OF BEACH
-----
AGREEMENT is made and entered into this day of _______ _,
20 __ , between the State of Florida Department of Transportation, a component agency of the
State ofFlorida, hereinafter referred to as the 'DEPARTMENT', and the City Miami Beach, a
municipal corporation of the State of Florida, existing under the Laws of the State of Florida,
hereinafter referred to as the 'CITY'.
WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road
(S.R.) 907/Alton Road corridor in the CITY; and
WHEREAS, the CITY has drafted design plans for the construction of drainage
improvements on S.R. 907/Alton Road at lOth Street, hereinafter referred to as the 'PROJECT',
the individual elements of which are outlined in the attached Exhibit "A", 'Scope of Services',
which is herein incorporated by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 249911-4-58-01, and has agreed to reimburse the CITY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B",
'Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT
construction and administration; and
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, in consideration of the premises, the mutual covenants and other
valuable considerations contained herein, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
340
1. INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of this
Agreement, as if fully set forth herein.
GENERAL REQUIREMENTS
a. The CITY shall be responsible for assuring that the PROJECT complies with
all applicable Federal, State and Local laws, rules, regulations, guidelines and
standards.
b. CITY shall submit this Agreement to its CITY Commission for
ratification or approval by resolution. A copy of said resolution is attached
hereto as Exhibit "C", 'City of Miami Resolution', and is herein
incorporated by reference.
c. The shall administer, supervise and inspect all aspects of PROJECT
construction until completion, and, as further defined in Exhibit "A", 'Scope
of Services'. The CITY shall complete the PROJECT on or before April 1,
2013. All aspects of PROJECT construction and administration are subject to
DEPARTMENT standards and specifications and must be in compliance with
all governing laws and ordinances.
d. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
construction contracts or amendments thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve or
disapprove CITY employment of same.
e. This Agreement and any interest herein shall not be assigned, transferred or
otherwise encumbered by the CITY under any circumstances without prior
written consent ofthe DEPARTMENT. However, this Agreement shall run to
the DEPARTMENT and its successors.
f. The CITY shall have the sole responsibility for resolving claims and requests
for additional work for the PROJECT. The CITY will make a reasonable
commercial effort to obtain the DEPARTMENT input in its decisions.
g. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit "B", 'Financial Summary', and in accordance with the
financial provisions in Section 3 of this Agreement.
h. The CITY shall comply with all federal, state, and local laws and ordinances
applicable with work or payment of work thereof, and will not discriminate on
Participation the qfA1iami
Project Number # 249911-4-58-01
341
the grounds of race, color, religion, sex, national origin, age or disability in the
perfmmance of work under this Agreement.
3. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed SIXTY FOUR THOUSAND ONE
HlJNDRED EIGHTY FIVE DOLLARS ($64,185.00), as outlined in Exhibit
"B", 'Financial Summary'. If additional funding is required, contingent upon
DEPARTMENT approval, a supplemental agreement between the
DEPARTMENT and the CITY authorizing the additional funding shall be
executed prior to such costs being incurred.
b. The DEPARTMENT agrees to pay CITY for the herein described services
at a compensation as detailed in this Agreement.
c. The CITY shall furnish the services with which to construct the PROJECT.
Said PROJECT consists of services as detailed in Exhibit "A" of this
Agreement.
d. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under Section 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14), F.S.
e. The CITY shall provide the following quantifiable, measurable and verifiable
units of deliverables. Each deliverable must specify the required minimum
level of service to be performed and the criteria for evaluating successful
completion. Said deliverables consists of (list deliverables):
i. Drainage Improvements
f. Invoices shall be submitted by the CITY in detail sufficient for a proper pre-
audit and post audit thereof, based on quantifiable, measureable and verifiable
units of deliverables as established in Section e above and Exhibit "A".
Deliverables must be received and accepted in writing by the
DEPARTMENT's Project Manager prior to payments.
g. Supporting documentation must establish that the deliverables were received
and accepted in writing by the CITY and that the required minimum level of
service to be performed based on the criteria for evaluating successful
completion as specified the above Section e has been met.
h. Travel costs will not be reimbursed.
1. CITY providing goods and services to the DEPARTMENT should be aware
of the following time frames. Upon receipt, the DEPARTMENT has five (5)
working days to inspect and approve the goods and services. The
Page 3 of 11
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number# 249911-4-58-01
342
DEPARTMENT has twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter of the date the invoice is received or the goods or
services are received, inspected, and approved.
J. If payment is not available within forty ( 40) days, a interest penalty at
a rate as established pursuant to Section 55.03(1), will due and
payable, in addition to invoice amount, to the CITY. Interest penalties of
less than one (1) dollar will not be enforced unless the CITY requests
payment. Invoices that have to be returned to the CITY of CITY
preparation errors will result in a delay in the payment. The invoice
requirements do not start until a properly completed invoice is provided to the
DEPARTMENT.
k. A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate
for the CITY who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted
at 850-413-5516 or by calling the Department of Financial Services Hotline 1-
877-693-5236.
L Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for five (5) years after final
payment is made. Copies of these documents and records shall be furnished
to the DEPARTMENT upon request. Records of costs incurred include the
CITY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs.
m. In the event this contract is for services in excess of $25,000.00 and a term for
a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S.,
are hereby incorporated:
"The DEPARTMENT, during any fiscal year, shall not expend money, incur
any liability, or enter into any contract which, by its terms, involves the
expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in
violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement from the
Comptroller of the Department that such funds are available prior to entering
into any such contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding 1 year,
but any contract so made shall be executory only for the value of the services
to be rendered or agreed to be paid for in succeeding fiscal years; and this
Page 4 of 11
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number# 249911-4-58-01
343
paragraph shall be incorporated verbatim in all contracts of the
DEPARTMENT which are for an amount in excess of TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) and which have a term for a period of
more than 1 year."
n. The DEPARTMENT's obligation to pay 1s contingent upon an annual
appropriation by the Florida Legislature.
o. Vendors/Contractors:
I. Shall utilize the U.S. Depa1iment of Homeland Security's E-Verify
system to verify employment eligibility of all new employees hired
by the Vendor/Contractor during the term of the contract; and
11. Shall expressly require any subcontractors performing work or
providing services pursuant to the state contract to likewise utilize the
U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by the
subcontractor during the contract term.
4. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State
of Florida.
5. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and the
CITY expressed in writing, executed and delivered by each party.
6. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, if such remainder continues to
conform to the terms and requirements of applicable law.
7. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other
communications which are required to be served or given hereunder, shall be
in writing and hand-delivered or sent by either registered or certified U.S.
mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
Reach
344
To Florida Department of Transportation
1000 Northwest 111 A venue, Room 6202A
Miami, Florida 33172-5800
Attn: Michelle Meaux, JP A Coordinator
Ph: (305) 470-5112; Fax: (305)
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Elizabeth Wheaton, Public Works
Ph:305-673-7080 x6121; Fax: 305-394-4770
b. Either party may, by notice given as aforesaid, change its address for all
subsequent notices. Notices given in compliance with this section shall be
deemed given when placed in the mail.
8. EXPIRATION OF AGREEMENT
The CITY agrees to complete the PROJECT on or before April 1, 2013. If the CITY
does not complete the PROJECT within this time period, this Agreement will expire
unless an extension of the time period is requested by the CITY and granted in writing by
the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement
will be considered termination of the PROJECT.
9. INVOICING
The CITY will invoice the DEPARTMENT on a monthly basis for completed work. The
CITY must submit the final invoice on this PROJECT to the DEPARTMENT within 120
days after the expiration of this Agreement. Invoices submitted after July 30, 2013, will
not be paid.
10. ENTIRE AGREEMENT
This Joint Participation Agreement is the entire Agreement between the parties hereto,
and it may be modified or amended only by mutual consent of the parties in writing.
11. INDEMNIFICATION
Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the
CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT, its
officers, agents, representatives and employees from any and all losses, expenses, fines,
fees, taxes, assessments, penalties, costs, damages, judgments, claims, demands,
liabilities, attorneys fees, (including regulatory and appellate fees), and suits of any
nature or kind whatsoever caused by, arising out of, or related to the CITY's exercise or
attempted exercise of its responsibilities as set out in this AGREEMENT, including but
Page 6 of 11
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number# 249911-4-58-01
345
not limited to, any act, action, neglect or omission by the CITY, its officers, agents,
employees or representatives in any way pertaining to this agreement, whether direct or
indirect, except that neither the CITY nor any of its officers, agents, employees or
representatives will be liable under this provision for damages arising out of injury or
damages directly caused or resulting from the sole negligence of the DEPARTMENT.
The CITY's obligation to indemnify, defend and pay for the defense of the
DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the
DEPARTMENT in the defense and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY's receipt of the
DEPARTMENT'S notice of claim for indemnification. The notice of claim for
indemnification shall be deemed received if the DEPARTMENT sends the notice in
accordance with the formal notice mailing requirements set forth in Section 5 of this
AGREEMENT. The DEPARTMENT'S failure to notify the CITY of a claim shall not
release the CITY ofthe above duty to defend and indemnify the DEPARTMENT.
The CITY shall pay all costs and fees related to this obligation and its enforcement by the
DEPARTMENT. The indemnification provisions of this section shall survive termination
or expiration of this AGREEMENT, but only with respect to those claims that arose from
acts or circumstances which occurred prior to termination or expiration of this
AGREEMENT.
The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the
CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest appeal is exhausted,
specifically finding the Department was solely negligent shall excuse performance of this
provision by the CITY.
Participation /!zn:ement
346
IN the parties hereto have executed this Agreement, on the day
and year above written.
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL
Page 8 of 11
Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number # 249911-4-58-01
347
"A"
OF SERVICES
The PROJECT shall consist of installing a drainage concrete box culvert outfall from the 1Oth
Street seawall to 120 feet east of the seawall. The PROJECT shall include the construction of
120 feet of four ( 4) by six (6) feet concrete box culvert along lOth Street. This box culvert
will serve as a new outfall for S.R. 907/Alton Road drainage system. The installation shall
follow the Florida Department of Transportation Roadway Design Standard Index 292, Standard
Precast Concrete Box Culverts and Section 410 and section 415-5.11 of the Florida Department
of Transportation Standard Specifications for and Bridge Construction. The box culvert
shall be installed at an invert elevation as approved by the Department and as shown on the plans
hereon addition, PROJECT shall include dredging of a ten (1 0) foot by ten (1 0) foot
portion of Biscayne Bay immediately adjacent to the seawall in front of the outfall and
construction of a ten (1 0) foot by ten (1 0) foot area of rip rap immediately adjacent to seawall
in front of the outfall within Biscayne Bay as shown in the attached permit sketch. This rip rap
area shall be constructed at an elevation as approved by the Department and as shown in the
attached permit sketch. The PROJECT shall also include the installation of a manatee grate at
the outfall as shown on the plans hereon. The CITY agrees to construct the project in accordance
with the plans and specifications as approved by the Department, attached hereto and
incorporated herein by reference.
PROJECT Limits: S.R. 907 I Alton Road at 1oth Street
FDOT Financial Project Number: 249911-4-58-01
County: Miami-Dade
FDOT Project Manager: Daniel Iglesias, P.E. 305-470-5266
CITY Project Manager: Elizabeth Wheaton, Environmental Management Division
305-673-7080 extension 6121
9 ofl J
City Beach
348
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below-listed:
Financial Project Number 249911-4-58-01
PROJECT Construction:
DESCRIPTION
Backflow Preventers for Existin 6.5' X 3' Box Culvert Outfall
SUBSOIL EXCAVATION
CONC CLASS 2, CULVERTS (FROM
400-2-1 DISSIPATOR BOX TO WALL
530-3-3 RIP RAP, BANK AND SHORE
415-1-6
N/A
334-1
353-70
MANATEE GRATE 8'X3'
HATCH, PEDESTRIAN 36"X48"
SUPERPAVE ASPHALTIC CONCRETE
1 0" CONCRETE COVER SLAB
REPLACEMENT
DESCRIPTION
9 $405.00
AMOUNT
$3,645.00
COST ...
Subtotal $61,128.15
5% $3,056.40
TOTAL PROJECT COST I
Page 10 of 11
Joint Participation Agreement between the Florida Department ofTransporlalion and the C!zv of Miami Beach
Financial Project Number# 249911-4-58-01
349
$64,1851
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Joint ParticiJIGtii'mAgreement between the
Financial
350
Attachment 8
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
Financial Project ID: 249911-1-56-01 ~ederal Project ID:
County: Miami-Dade tate Road No.: 907
District Document No:
Utility Agency/Owner (UAO): City of Miami Beach
710-010-2~
UTILITIES
OGC -05/12
THIS AGREEMENT, entered into this day of , year of , by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and City of Miami
Beach, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the FOOT, is constructing, reconstructing, or otherwise changing a portion of a public road or
publicly owned rail corridor, said project being identified as Alton Road from 5m Streetto Michigan Avenue, State Road
No.: 907, hereinafter referred to as the "Project"; and
WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the
Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may
be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation,
adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and
WHEREAS, the FOOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1 )(b),
Florida Statutes for the Utility Work to be accomplished by the FOOT's contractor as part of the construction of the
Project; and
WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the
Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FOOT
and the UAO hereby agree as follows:
1. Design of Utility Work
a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical
special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency
schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the
"Plans Package") on or before N/A, year of N/A.
b. The Plans Package shall be in the same format as the FOOT's contract documents for the Project
and shall be suitable for reproduction.
c. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities
and work effort required to perform the Utility Work, including but not limited to, all clearing and
grubbing, survey work and shall include a traffic control plan.
d. The Plans Package shall be prepared in compliance with the FOOT's Utility Accommodation Manual
and the FOOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and
the FOOT's contract documents for the Project. If the FOOT's Plans Preparation Manual has been
updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall
apply where such conflicts exist.
e. The technical special provisions which are a part of the Plans Package shall be prepared in
accordance with the FOOT's guidelines on preparation of technical special provisions and shall not
Page 1 of 9
351
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
710~010-2~
UTILITIES
OGC -05/12
duplicate or change the general contracting provisions of the FOOT's Standard Specifications for
Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or
Developmental Specifications of the FOOT for the Project.
f. UAO shall provide a copy of the proposed Plans Package to the FOOT, and to such other right of way
users as designated by the FOOT, for review at the following stages: N/A. Prior to submission of the
proposed Plans Package for review at these stages, the UAO shall send the FOOT a work progress
schedule explaining how the UAO will meet the FOOT's production schedule. The work progress
schedule shall include the review stages, as well as other milestones necessary to complete the
Plans Package within the time specified in Subparagraph a. above.
g. In the event that the FOOT finds any deficiencies in the Plans Package during the reviews performed
pursuant to Subparagraph f. above, the FOOT will notify the UAO in writing of the deficiencies and the
UAO will correct the deficiencies and return corrected documents within the time stated in the notice.
The FOOT's review and approval of the documents shall not relieve the UAO from responsibility for
subsequently discovered errors or omissions.
h. The FOOT shall furnish the UAO such information from the FOOT's files as requested by the UAO;
however, the UAO shall at all times be and remain solely responsible for proper preparation of the
Plans Package and for verifying all information necessary to properly prepare the Plans Package,
including survey information as to the location (both vertical and horizontal) of the Facilities. The
providing of information by the FOOT shall not relieve the UAO of this obligation nor transfer any of
that responsibility to the FOOT.
L The Facilities and the Utility Work will include all utility facilities of the UAO which are located within
the limits of the Project, except as generally summarized as follows: TBD. These exceptions shall be
handled by separate arrangement.
j. If any facilities of the UAO located within the project limits are discovered after work on the project
commences to be qualified for relocation at the FOOT's expense, but not previously identified as
such, the UAO shall file a claim with the FOOT for recovery of the cost of relocation thereof. The
filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be
based on a determination of fault for the error. The discovery of facilities not previously identified as
being qualified for relocation at the FOOT's expense shall not invalidate this Agreement.
k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans
Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner
determined by the FOOT.
Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or
publicly owned rail corridor under and pursuant to the Utility Permit: TBD
(Note: It is the intent of this line to allow either attachment of or separate reference to the permit).
2. Performance of Utility Work
a. The FOOT shall incorporate the Plans Package into its contract for construction of the Project.
b. The FOOT shall procure a contract for construction of the Project in accordance with the FOOT's
requirements.
c. If the portion of the bid of the contractor selected by the FOOT which is for performance of the Utility
Work exceeds the FOOT's official estimate for the Utility Work by more than ten percent (1 0%) and
the FOOT does not elect to participate in the cost of the Utility Work pursuant to Section
337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the
FOOT's contract by notifying the FOOT in writing within five (5) days from the date that the UAO is
notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of
Page 2 of9
352
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
the Project by the FOOT's contractor.
710-010-2;
UTiLITIES
OGC-05i12
d. If the UAO elects to remove the Utility Work from the FOOT's contract in accordance with
Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and
conditions of the FOOT's standard relocation agreement, the terms and conditions of which are
incorporated herein for that purpose by this reference, and in accordance with the contingency
relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with
the Utility Work so as to cause no delay to the FOOT or the FOOT's contractor in constructing the
Project.
e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure
that it is properly performed in accordance with the Plans Package, except for the following activities:
N/A and will furnish the FOOT with daily diary records showing approved quantities and amounts for
weekly, monthly, and final estimates in accordance with the format required by FOOT procedures.
t Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in
accordance with Subparagraph 2. e., the FOOT will perform all contract administration for its
construction contract.
g. The UAO shall fully cooperate with the FOOT and the FOOT's contractor in all matters relating to the
performance of the Utility Work.
h. The FOOT's engineer has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FOOT's engineer. In so doing, the UAO shall make such
adjustments and changes in the Plans Package as the FOOT's engineer shall determine are
necessary for the prosecution of the Project.
I. The UAO shall not make any changes to the Plans Package after the date on which the FOOT's
contract documents are mailed for advertisement of the Project unless those changes fall within the
categories of changes which are allowed by supplemental agreement to the FOOT's contract
pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or
the timing of the change, shall be subject to the prior approval of the FOOT.
3. Cost of Utility Work
a. The UAO shall be responsible for all costs of the Utility Work and all costs associated with any
adjustments or changes to the Utility Work determined by the FOOT's engineer to be necessary,
including, but not limited to the cost of changing the Plans Package and the increase in the cost of
performing the Utility Work, unless the adjustments or changes are necessitated by an error or
omission of the FOOT. The UAO shall not be responsible for the cost of delays caused by such
adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a.
b. The initial estimate of the cost of the Utility Work is __ . At such time as the FOOT prepares its
official estimate, the FOOT shall notify the UAO of the amount of the official estimate for the Utility
Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within
which to accept the official estimate for purposes of making deposits and for determining any possible
contribution on the part of the FOOT to the cost of the Utility Work, or to elect to have the Utility Work
removed from the FOOT's contract and performed separately pursuant to the terms and conditions
set forth in Subparagraph 2. d. hereof.
c. At least ninety(~) calendar days prior to the date on which the FOOT advertises the Project for bids,
the UAO will pay to the FOOT an amount equal to the FOOT's official estimate; plus __ % for
mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility
Work, administrative costs of field work, tabulation of quantities, Final Estirt;~ate processing and
Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances);
plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for
Page 3 of9
353
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
changes to the Utility Work during the construction of the Project (the Contingency Fund)_
d. Payment of the funds pursuant to this paragraph will be made (choose one);
D directly to the FOOT for deposit into the State Transportation Trust Fund.
710-010-2:
UTiLITIES
OGC-05/12
f8l as provided in the attached Memorandum of Agreement between UAO, FOOT and the
State of Florida, Department of Financial Services, Division ofTreasury. Deposits of less
than $100,000.00 must be pre-approved by the Department of Financial Services and
FOOT Comptroller's Office prior to execution of this agreement.
e. If the portion of the contractor's bid selected by the FOOT for performance of the Utility Work exceeds
the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in
accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding
FOOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work
from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FOOT or
prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FOOT to
bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus
Allowances and 10% Contingency Fund. The FOOT will notify the UAO as soon as it becomes
apparent the accepted bid amount plus allowances and contingency is in excess of the advance
deposit amount; however, failure of the FOOT to so notify the UAO shall not relieve the UAO from its
obligation to pay for its full share of project costs on final accounting as provided herein below. In the
event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the
additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on
deposit, the UAO shall have sixty (60) calendar days from notification from the FOOT to pay the
additional amount, regardless of when the accepted bid is posted.
t If the accepted bid amount plus allowances and contingency is less than the advance deposit
amount, the FOOT will refund the amount that the advance deposit exceeds the bid amount, plus
allowances and contingency if such refund is requested by the UAO in writing and approved by the
Comptroller of the FOOT or his designee.
g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will
be notified by the FOOT accordingly. The UAO agrees to provide, in advance of the additional work
being performed, adequate funds to ensure that cash on deposit with the FOOT is sufficient to fully
fund its share of the project costs. The FOOT shall notify the UAO as soon as it becomes apparent
the actual costs will overrun the award amount; however, failure of the FOOT to so notify the UAO
shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting
as provided herein below.
h. The FOOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The
Contingency Fund may be used for increases in the cost of the Utility Work which occur because of
quantity overruns or because of adjustments or changes in the Utility Work made pursuant to
Subparagraph 2. h. Prior to using any of the Contingency Fund, the FOOT will obtain the written
concurrence of the person delegated that responsibility by written notice from the UAO. The
delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses
to provide written concurrence promptly and the FOOT determines that the work is necessary, the
FOOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of
Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO
shall, within fourteen (14) calendar days from notification from the FOOT, pay to the FOOT an
additional 10% of the total obligation of the UAO for the cost of the Utility Work established under
Subparagraph 3. e. for future use as the Contingency Fund.
L Upon final payment to the Contractor, the FOOT intends to have its final and complete accounting of
all costs incurred in connection with the work performed hereunder within three hundred sixty (360)
days. All project cost records and accounts shall be subject to audit by a representative of the UAO
Page 4 of9
354
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
710-010-2:
UTILITIES
OGC -05/12
for a period of three (3) years after final close out of the Project. The UAO will be notified of the final
cost. Both parties agree that in the event the final accounting of total project costs pursuant to the
terms of this agreement is less than the total deposits to date, a refund of the excess will be made by
the FOOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final
accounting of total project costs is greater than the total deposits to date, the UAO will pay the
additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to
pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not
paid within the time specified in the preceding sentence until the invoice is paid.
4. Claims Against UAO
a_ The UAO shall be responsible for all costs incurred as a result of any delay to the FOOT or its
contractors caused by errors or omissions in the Plans Package (including inaccurate location of the
Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely
manner.
b. In the event the FOOT's contractor provides a notice of intent to make a claim against the FOOT
relating to the Utility Work, the FOOT will notify the UAO of the notice of intent and the UAO will
thereafter keep and maintain daily field reports and all other records relating to the intended claim.
c. In the event the FOOT's contractor makes any claim against the FOOT relating to the Utility Work,
the FOOT will notify the UAO of the claim and the UAO will cooperate with the FOOT in analyzing and
resolving the claim within a reasonable time. Any resolution of any portion of the claim directly
between the UAO and the FOOT's contractor shall be in writing, shall be subject to written FOOT
concurrence and shall specify the extent to which it resolves the claim against the FOOT.
d, The FOOT may withhold payment of surplus funds to the UAO until final resolution (including any
actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited
to actual claim payments made by the FOOT to the FOOT's contractor.
5. Out of Service Facilities
No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following
terms and conditions shall apply to Facilities placed Out-of-Service:
a. The UAO acknowledges its present and continuing ownership of and responsibility for out of service
Facilities.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a
breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FOOT
in accordance with the provisions of Subparagraph e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in
accordance with any and all applicable local, state or federal laws and regulations and in accordance
with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely
responsible for gathering all information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to,
records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly
respond to information requests of the FOOT or other permittees using or seeking use of the right of
way.
e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT
determines that removal is necessary for FOOT use of the right of way or in the event that the FOOT
Page 5 of 9
355
6. Default
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
710-010-2:
UTILITiES
OGC -05112
determines that use of the right of way is needed for other active utilities that cannot be otherwise
accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and
without any right of the UAO to object or make any claim of any nature whatsoever with regard
thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the
event that the UAO fails to perform the removal properly within the specified time, the FOOT may
proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403
and 337.404, Florida Statutes.
Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall
forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT
for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the
right of way. Said costs shall include, but shall not be limited to, charges or expenses which may
result from the future need to remove the Facilities or from the presence of any hazardous substance
or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to
require the UAO to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of
the following options, provided that at no time shall the FOOT be entitled to receive double recovery of
damages:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments
until the breach is cured. The right to withhold shall be limited to actual claim payments
made by FOOT to third parties.
(4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the
FOOT or the public against payments due under this Agreement for the same Project. The
right to offset shall be limited to actual claim payments made by FOOT to third parties.
(5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT
property if the breach is material and has not been cured within sixty (60) days from written
notice thereof from FOOT.
(6) Pursue any other remedies legally available.
(7) Perform any work with its own forces or through contractors and seek repayment for the cost
thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any other
remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of
the following options:
(1) Terminate this Agreement if the breach is material and has not been cured within sixty (60)
days from written notice thereof from the UAO.
(2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this
Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices.
Page 6 of 9
356
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
(3) Pursue any other remedies legally available.
710-010-2~
UTILITIES
OGC~05!'12
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other
agreements between the parties nor from any statutory obligations that either party may have with regard
to the subject matter hereof.
7. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreement to
the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event
beyond the control of the non-performing party and which could not have been avoided or overcome by the
exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly
notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible.
8. Indemnification
FOR GOVERNMENT-OWNED UTILITIES,
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its
officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any
acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the
performance of the Agreement, whether direct or indirect, and whether to any person or property to which
FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will
be liable under this section for damages arising out of the injury or damage to persons or property directly
caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the
performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to the
UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen
(14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FOOT
will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO
to defend the FOOT in such claim as described in this section. The FOOT's failure to notify the UAO of a
claim shall not release the UAO from any of the requirements of this section. The FOOT and the UAO will pay
their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party
participates in the defense of the claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT-OWNED UTILITIES,
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees
from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or
omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,
whether direct or indirect, and whether to any person or property to which FOOT or said parties may be
subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for
damages arising out of the injury or damage to persons or property directly caused by or resulting from the
negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to participate
and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement
negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for
indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The
UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the
357'of9
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
?i0-010-2~
UTILITIES
OGC -05112
UAO is not liable or determines the FOOT is solely negligent. Only a final adjudication of judgment finding the
FOOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs
and fees related to this obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO
of a claim shall not release UAO of the above duty to defend.
9. Miscellaneous
a. Time is of essence in the performance of all obligations under this Agreement.
b. The Facilities shall at all times remain the property of and be properly protected and maintained by
the UAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans
Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO
shall not be obligated to protect or maintain any of the Facilities to the extent the FOOT's contractor
has that obligation as part of the Utility Work pursuant to the FOOT's specifications.
c. The FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida
Statutes, and made or received by the UAO in conjunction with this Agreement.
d. This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations with
respect thereto, except that the parties understand and agree that the FOOT has manuals and written
policies and procedures which may be applicable at the time of the Project and the relocation of the
Facilities.
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to
be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining
portions hereof.
f. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by
the end of five business days from the proper sending thereof unless proof of prior actual receipt is
provided. The UAO shall have a continuing obligation to notify each District of the FOOT of the
appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Fred H. Beckmann, P.E., Director of Public Works
1700 Convention Center Drive, 4m Floor
Miami Beach, FL 33139
If to the FOOT:
Antonio Soto, Utilities Administrator
· 1000 NW 111m Avenue, Room 61 02-B
Miami FL 33172
10. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by
the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes
To Form Document and no change is made in the text of the document itself. Hand notations on affected
portions of this document may refer to changes reflected in the above-named Appendix but are for reference
purposes only and do not change the terms of the document. By signing this document, the UAO hereby
represents that no change has been made to the text of this document except through the terms of the
appendix entitled Changes to Form Document.
Page 8 of 9
358
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT
(AT UTILITY EXPENSE)
You MUST signify by selecting or checking which of the following applies:
7'10-010-2~
UTILITIES
OGC-05112
rgj No changes have been made to this Form Document and no Appendix entitled "Changes to Form
Document" is attached.
D No changes have been made to this Form Document, but changes are included on the attached Appendix
entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written.
UTILITY: City of Miami Beach
BY:(Signature)
(Typed Name: Matti Herrera-Bower)
(Typed Title: Mayor)
Recommend Approval by the District Utility Office
BY: (Signature)
FOOT Legal review
BY: (Signature)
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
(Typed Name: Harold A. Desdunes, P.E.)
T ed Title: Dlstri
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY: -------------------------------------------------
(Typed Name: __ )
(Typed Title: __ )
Page 9 of 9
359
DATE:
DATE:
DATE:
DATE:
DATE:
Attachment C
MEMORANDUM OF AGREEMENT R FT
THIS AGREEMENT, made and entered into this_, day of , 201_, by and
between the State of Florida, Department of Transportation, hereinafter referred to as "FOOT" and
the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred to as
"TREASURY" and City of Miami Beach, hereinafter referred to as the "PARTICIPANT".
WITNESSETH
WHEREAS, FOOT is currently constructing the following project:
Financial Project No.: 2.49911-1-56-01
County: Miami Dade· •
hereinafter referred to as the "PROJECT".
WHEREAS, FOOT and the PARTICIPANT entered into a Locally Funded Agreement dated
_______ , 201_, wherein FOOT agreed to perform certain work on behalf of the
PARTICIPANT in conjunction with the PROJECT.
WHEREAS, the parties to this AGREEMENT mutually agreed that it would be in the best
interest of FOOT and the PARTICIPANT to establish an interest bearing escrow account to provide
funds for the work performed on the PROJECT on behalf of the PARTICIPANT by FOOT.
NOW THEREFORE, in consideration of the premises and the covenants contained herein, the
parties agree to the following:
1. An initial deposit in the amount of two million six hundred and eighty thousand six
hundred and seventy dollars and fifty two cents ($2,680,670.52) will be made by the PARTICIPANT
into an interest bearing escrow account established by FOOT for the purposes of the PROJECT.
Said escrow account will be opened with the TREASURY on behalf of FOOT upon receipt of this
Memorandum of Agreement. Such account will be an asset of FOOT.
2. Other deposits may be made by the PARTICIPANT as necessary to cover cost
increases or the cost of additional work prior to the execution of any Supplemental Agreements or
Amendments.
3. Payment will be made as follows (check appropriate payment method):
Wire transfer --__ ACH deposit
X Check -~
Following are the wire, ACH, and check deposit instructions:
For wire transfers: Bank of America
Account# 001 00906897 4
ABA # 026009593
Chief Financial Officer of Florida
Re: DOT-K 11-78, Financial Project#
360
For ACH deposits: Bank of America
Account# 001009068974
ABA # 0631 00277
Chief Financial Officer of Florida
Re: DOT-K 11-78, Financial Project#
If a check is the method of payment, the check shall be made payable to the Department of Financial
Services, Revenue Processing and delivered for appropriate processing at the following address:
Florida Department of Transportation
District 6 Utilities Office
1000 NW 111 Av, #6102B
Miami, FL 33172
A copy of this Agreement should accompany any deposits.
4. FOOT's Comptroller or designee shall be the sole signatories on the escrow account
with the TREASURY_and shall have sole authority to authorize withdrawals from said account.
5. Unless instructed otherwise by the FOOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the PROJECT as defined in the LFA.
6. The TREASURY agrees to provide written confirmation of receipt of funds to FOOT.
7. The TREASURY further agrees to provide periodic reports to FOOT.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL
SERVICES, DIVISION OF TREASURY
PARTICIPANT SIGNATURE
PARTICIPANT NAME & TITLE
PARTICIPANT ADDRESS
FEDERAL EMPLOYER 1.0. NUMBER
361
Attachment D
FLORIDA DEPARTMENT OF TRANSPORTATION
STORM WATER PUMP STATIONS
AND
POLLUTION CONTROL STRUCTURES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
R FT
This AGREEMENT, made and entered into this day of
20 by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "DEPARTMENT," and the CITY OF MIAMI
BEACH, a municipal corporation of and existing under the laws of
the State of Florida, hereinafter called the "CITY,"
collectively referred to as "the Parties."
RECITALS:
A. The DEPARTMENT has jurisdiction
portions of State Road (S.R.)
907 /Alton Road corridor as part
Highway System; and
over and maintains those
AlA/5th Street and S.R.
of the State of Florida
B. The DEPARTMENT will install storm water pump stations and
pollution control structures at the intersections of S. R.
AlA/5th Street and West Avenue (M.P. 3.138 along SR AlA and
M.P. 3.176 along S.R. AlA), S.R. 907/Alton Road and lOth
Street (M.P. 0.437 along S.R. 907), and S.R. 907/Alton Road
and 14th Street (M.P. 0.755 along S.R. 907), in accordance
with DEPARTMENT Contract # T-6290 ("PROJECT LIMITS"), are
described in the attached Exhibit 'A', which by reference
hereto shall become a part hereof; and
C. The Parties mutually recognize the need for entering into
an agreement designating and setting forth the maintenance
responsibilities of each party; and
D. The CITY, by Resolution No. dated
20 attached as Exhibit 'B', which is
incorporated to this agreement by reference, desires to
enter into this Agreement and authorizes its officers to do
so.
Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Beach
Page I of II
362
NOW,
benefits
THEREFORE,
contained
for and in
herein and
consideration
other good
consideration, the parties covenant and agree as
1. RECITALS
of the mutual
and valuable
follows:
The recitals in
are incorporated
hereof.
this AGREEMENT are true and
herein by reference and
correct,
made a
and
part
2. DEPARTMENT RESPONSIBILITIES
The parties agree that, by executing this AGREEMENT, upon
issuance of Notice of Final Acceptance of the Project by
the DEPARTMENT to its contractor, all maintenance
responsibilities pertaining to the storm water pump
stations and pollution control structures (collectively
"the Structures") within the PROJECT LIMITS are assigned to
the CITY in perpetuity. The DEPARTMENT, however, shall be
responsible for any major repairs or the replacement of
components of the Structures, as specified in Section 3 of
this AGREEMENT.
3. CITY'S MAINTENANCE RESPONSIBILITIES
The functions
CITY and the
inspections by
described below are to be performed by the
CITY'S work may be subject to periodic
the DEPARTMENT, at its sole discretion.
As set forth in Section 2 of this AGREEMENT, upon Final
Acceptance of the Project by the DEPARTMENT, the CITY
agrees to operate, and routinely and periodically maintain
the Structures located within the PROJECT LIMITS at its
sole cost and expense. The CITY'S maintenance
responsibilities for the Structures shall include, but not
be limited to, the following:
a. Periodically inspecting and maintaining the Structures
and their systems, in accordance with the
manufacturer's minimum care and maintenance
requirements, and in accordance with the Project Plans
and Specifications.
b. Adhering to the safety precautions prescribed by the
Maintenance Memorandum of Agreement between the Florida Department ofTranspmtation and
Page of
363
of Mimni Beach
manufacturer and enumerated in the Project Plans and
Specifications.
c. Complying with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as the same may be amended from time to time.
d. Maintaining a service log of all maintenance
activities. Those maintenance activities that are not
documented in a service log shall be deemed to not
have been performed.
e. Paying all costs associated with minor repairs. Minor
repairs shall include any repairs that are a part of
or incident to the routine maintenance of the
Structures as set forth in this AGREEMENT. Minor
repairs shall include, but shall not be limited to,
the routine overhaul of the pump motors.
f. Notifying the DEPARTMENT of all needed major repairs.
The CITY must notify the DEPARTMENT as soon as the
need for a major repair is discovered. A major repair
is deemed discovered if the CITY or its agent knew or
should have known of the need for a major repair.
Major repairs shall only include a complete
replacement of the Structures, the pump motors, or the
impellers. The DEPARTMENT, however, shall not be
responsible for the following major repairs:
i. Any major repairs that are needed as a result of
the CITY's failure to perform its maintenance
responsibilities pursuant to this AGREEMENT; or
ii. Any major
negligent
maintenance
AGREEMENT.
repairs
act of
that are
the CITY
responsibilities
the result
in performing
pursuant to
of a
its
this
The major repairs listed under Section 3(f)i. and
3(f)ii. shall be the sole responsibility of the CITY.
4. MAINTENANCE DEFICIENCIES
If at any time, while this AGREEMENT is in effect, the CITY
Maintenance Memorandum of Agreement between the Florida
Page 3
364
of Transportation and the City of Miami Beach
fails to comply with its responsibilities as established
herein or the CITY's responsibilities are not being
accomplished in accordance with the terms of this
AGREEMENT, the DEPARTMENT may, at its option, issue a
written notice, in care of the CITY MANAGER, to notify the
CITY of the identified deficiencies. Thereafter, the CITY
shall have a period of thirty (30) calendar days, following
receipt of the notice, within which to correct the cited
deficiency or deficiencies. The notice shall be deemed
received in accordance with Section 5 of this AGREEMENT. If
said deficiencies are not corrected within the thirty (30)
day time period, or, if the deficiencies are of a nature
that cannot be corrected within that time period and the
CITY does not commence to correct the deficiencies within
the stipulated time period, the DEPARTMENT may, at its
option, proceed as follows:
a, Maintain the Structures, or a part thereof, and invoice
the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7 of
this AGREEMENT, remove the Structures located within the
PROJECT LIMITS, and charge the CITY the reasonable cost
of such removal.
5. NOTICES
All notices, requests/ demands/ consents, approvals, and
other communications which are required to be served or
given hereunder, shall be in writing and shall be sent by
certified U.S. mail, return receipt requested 1 postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 NW 111th Avenue, Room 6205
Miami/ Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: City Manager
.Maintenance Memorandum of Agreement between the Florida Denm>n"·,nt of Transportation and the City of Miami Beach
Page 4
365
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof
unless proof of prior actual receipt is provided.
6. REMOVAL, RELOCATION, OR ADJUSTMENT OF THE STORM WATER PUMP
STATIONS OR POLLUTION CONTROL STRUCTURES
The Parties agree that the Structures covered by this
AGREEMENT may be removed, relocated or adjusted at any time
in the future, at the DEPARTMENT's sole discretion.
7 . TERMINATION
This AGREEMENT may be terminated as follows:
a. By the DEPARTMENT, if
duties under
written notice
AGREEMENT.
Section
as set
the CITY fails to perform
3, following thirty (30)
forth in Section 4 of
its
days
this
b. In accordance with Section 287.058(1) (c), Florida
Statutes (F.S.), the DEPARTMENT shall reserve the right
to unilaterally cancel this AGREEMENT if the CITY
refuses to allow public access to any or all documents,
papers, letters, or other materials made or received by
the CITY pertinent to this AGREEMENT which are subject
to provisions of Chapter 119, F.S.
8 . AMENDMENT
A modification or waiver of any of the provisions of this
AGREEMENT shall be effective only if made in writing and
executed with the same formality as this AGREEMENT.
9 . CONSTRUCTION
a. The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
b. No term or
interpreted
provision of
for or against
this
the
AGREEMENT shall
Parties because
Maintenance Memorandum Agreement between the Florida Department of Transportation and the of Miami Beach
Page 5
366
be
the
Parties or their legal representative (s) drafted the
provision.
c. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768.28,
F.S. Nothing in this AGREEMENT shall be deemed or
otherwise interpreted as waiving the DEPARTMENT'S
sovereign immunity protections r or as increasing the
limits of liability as set forth in Section 768.28,
F.S., as may be amended from time to time.
10. ADDITIONAL TERMS
a. The CITY shall insert the following clause
contracts entered into between the CITY
vendors or contractors for the performance
duties set forth in this AGREEMENT:
Vendors/Contractors:
into
and
of
any
any
the
i. Shall utilize the u.s. Department of Homeland
Security's E-Verify system to verify the
employment of all new employees hired by the
Vendor/Contractor during the term of this
Agreement; and
ii. Shall expressly require any subcontractors
performing work or providing services pursuant to
the state contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new
employees hired by the subcontractor during the
contract term.
b. The term of this AGREEMENT shall commence upon
execution by all Parties. This AGREEMENT shall
continue in perpetuity or until termination as set
forth in Section 7.
c. This writing embodies the entire agreement and
understanding between the parties hereto and there are
no other agreements or understandings r oral or
written/ with reference to the subject matter of this
AGREEMENT that are not merged herein.
Maintenance l\!kmonmdum of Agreement betvveen the Floridan""'"'"'""'"' of'Transportation and City of Miami
Page 6 of
367
d. This AGREEMENT shall
in whole or in part,
the DEPARTMENT.
not be transferred or assigned,
without the writ ten consent of
e. This AGREEMENT, regardless of where executed, shall be
governed by and construed in accordance with the laws
of the State of Florida. In the event of a conflict
between any portion of the contract and Florida law,
the laws of Florida shall prevail. Any portion of the
AGREEMENT later found to be unlawful or unenforceable
shall be severed and not affect the validity of the
rest of this AGREEMENT.
f. Venue for any and all
connection to the
performance or breach
exclusively in a state
Leon County, Florida.
11. INDEMNIFICATION
actions arising out
interpretation,
of this AGREEMENT
of or in
validity,
shall lie
court of proper jurisdiction in
Subject to Section 768.28, F.S., the CITY shall promptly
indemnify, defend, save and hold harmless the DEPARTMENT,
its officers, agents, representatives and employees from
any and all losses, expenses, fines, fees, taxes,
assessments, penalties, costs, damages, judgments, claims,
demands, liabilities, attorneys fees, (including
regulatory and appellate fees) , and suits of any nature or
kind whatsoever caused by, arising out of, or related to
the CITY'S exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission
by the CITY, its officers, agents, employees or
representatives in any way pertaining to this AGREEMENT,
whether direct or indirect, except that neither the CITY
nor any of its officers, agents, employees or
representatives will be liable under this provision for
damages arising out of injury or damage directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY'S obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT'S option,
Maintenance Memorandum of Agreement between the Florida Department of Transportation <md the City of Miami Beach
Page 7 of! l
368
to participate and associate with the DEPARTMENT in the
defense and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the
CITY'S receipt of the DEPARTMENT'S notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the Department sends the
notice in accordance with the formal notice mailing
requirements set forth in Section 5 of this AGREEMENT, or
upon actual receipt of the notice by the City. The
DEPARTMENT'S failure to notify the City of a claim shall
not release the CITY of the above duty to defend and
indemnify the DEPARTMENT.
The CITY shall pay all costs and fees related to this
obligation and its enforcement by the DEPARTMENT. The
indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or
circumstances which occurred prior to termination or
expiration of this AGREEMENT.
The CITY'S evaluation of liability or its inability to
evaluate liability shall not excuse the CITY'S duty to
defend and indemnify the DEPARTMENT under the provisions
of this section. Only an adjudication or judgment, after
the highest appeal is exhausted, specifically finding the
Department was solely negligent shall excuse performance
of this provision by the CITY.
Maintenance Memorandum of Agreement between the Florida Den:lrtmi,nt and the City of Miami Beach
Page g of
369
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement effective the day and year first above written.
CITY OF MIAMI BEACH:
City Manager
Attest: (SEAL)
----------~~~~~--~ City Clerk
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION:
Director, Transportation
Operations
Attest: (SEAL)
--~~~~~~~~~
Executive Secretary
LEGAL REVIEW:
By: By:
~~~~~~~~~--~~~
City Attorney
~~~~~~~~~~~~~~--
District Chief Counsel
Maintenance Mcrnorandum of Agreement between the Florida Department ofTnmsportation and the City of Miami Beach
ofll
370
EXHIB '1. I
LIM!
Below are the general
and pollution control
AGREEMENT.
limits of the storm water pump stations
structures to be maintained under this
State Road Number: AlA/5th Street & 907/Alton Road
Limits: At the tions of West Avenue and S.R.
AlA/5th Street (M.P. 3.138 along S.R. AlA and
M.P. 3.176 along S.R. AlA), S.R. 907/ Alton
Road and lOth Street (M.P. 0.437 along S.R.
907), and S.R. 907/ Alton Road and 14th
Street (M.P. 0.755 along S.R. 907)
County: Miami-Dade
1 pump station and pollution control structure
intersection of West Avenue and S.R. AlA/5th Street
244+20.31 and Station 246+20.00 with respect
baseline of survey along S.R. AlA/5th Street)
1 pump station and pollution control structure
intersection of S.R. 907/ Alton Road and lOth
(Station 32+92. 88 with respect to the baseline of
along S.R. 907/Alton Road)
1 pump station and pollution control structure
intersection of S.R. 907/ Alton Road and 14th
(Station 49+66. 39 with respect to the baseline of
along S.R. 907/Alton Road)
at the
(Station
to the
at the
Street
survey
at the
Street
survey
lVIaintenanec Mcrnorandum of Agreement between the Florida Department of Transportation the City of Miami Beach
Page 10 of11
371
'B'
C OF
Attached and incorporated herein by reference
ratified by the CITY Board of Commissioners .
. Maintenance Memorandum of Agreement between the Florida t"""''''"'"" of Transportation and the City of Miruni Beach
Pagel! of
372
once
RESOLUTION TO BE SUBMITTED
373
THIS PAGE INTENTIONALLY LEFT BLANK
374
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida,
Authorizing The Mayor And City Clerk To Execute A Grant Of Easement With Shelborne Ocean Beach
Hotel Condominium Association, Inc., Owner Of The Property Located At 1801 Collins Avenue, For A
Lift Station And Associated Connection To City's Sanitary Sewer System In The Public Right-Of-Way,
On The North Side Of 18th Street, East Of Collins Ave., With A Total Area Of 527 Square Feet.
Intended Outcome Su orted:
Issue:
l Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
Shelborne Ocean Beach Hotel Condominium Association, Inc. (Applicant) is the owner of the property
located at 1801 Collins Avenue (Property), which occasionally experiences sewage back-ups. The
Applicant and staff worked together on a solution to this problem and determined that a private
sanitary sewer lift station is needed. City staff determined that the best and most unobtrusive location
is below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where the
existing sewer line lateral exits the Property.
Due to the permanent nature of the lift station, the City requires the Applicant to obtain an easement
for the area encroached upon by the lift station and the associated piping, which is approximately 527
square feet.
As no section of the City Code provides guidance on the appropriateness of granting an easement,
staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section
82-38 of the City Code for the proposed sale or lease of City property. The proposed easement
satisfies these criteria.
THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT
OF EASEMENT.
Adviso Board Recommendation:
Financial Information:
Source of Amount
Funds: 1
2
3
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Si
Assistant Cl
JGG
MIAMI BEACH 375
Account Appr~
AGENDA ITEM ----::::-7-:--=-{J __
DATE f-/:J-12-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commi sion
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A GRANT OF EASEMENT WITH SHELBORNE OCEAN BEACH HOTEL
CONDOMINIUM ASSOCIATION, INC., OWNER OF THE PROPERTY LOCATED AT
1801 COLLINS AVENUE, FOR A LIFT STATION AND ASSOCIATED
CONNECTION TO CITY'S SANITARY SEWER SYSTEM IN THE PUBLIC RIGHT-
OF-WAY, ON THE NORTH SIDE OF 18TH STREET, EAST OF COLLINS AVE.,
WITH A TOTAL AREA OF 527 SQUARE FEET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission execute the grant of easement.
BACKGROUND
The subject Property contains the Shelborne Hotel and is located at the northeast corner of the
intersection of Collins Avenue and 18th Street. The Shelborne Hotel is classified as Contributing
in the Miami Beach Historic Properties Database and is located within the Ocean Drive/Collins
Avenue Local Historic District and National Register Architectural District. It was originally
designed by Polevitsky & Russel and constructed in 1940, and contains a front addition
designed by Morris Lapidus and constructed in 1957. Located along the south side of the
Property, 18th Street provides pedestrian access to and from the beach.
The Property occasionally experiences back-ups of sewage onto the Property. It has been
determined that a private sewage lift station, owned by the Applicant, is required to address the
problem as the standard backflow preventer will not work under the hydraulic conditions. The
Applicant and City staff have worked together to address the situation and locate a lift station.
The following locations were considered that are outside the public right-of-way:
376
City Commission Memorandum-1801 Collins Avenue Easement
September 12, 2012
Page 2 of2
1. Inside the building -Structural constraints and access issues make it extremely difficult
to place the lift station inside the existing building.
2. Adjacent to the south side of the building -Negative impacts to the existing building
foundation, as verified by a structural engineer, prevent placing the lift station in the 5'-0"
setback between the sidewalk and the building on 18th Street.
3. At the front of the building -Code requirements and the historic character of the
Shelborne Hotel, as determined by the Planning Department, disqualify placing the lift
station at front corner of Shelborne hotel near the intersection of Collins Avenue and 18th
Street.
4. At the rear of the building -Adverse impacts to existing structures and foundations
preclude placing the lift station in the rear yard.
As such, the lift station must be placed in the City's right-of-way. After careful consideration and
analysis, the Applicant and City staff determined that the best and most unobtrusive location is
below grade in the existing sidewalk mid-block on the north side of 18th Street at the point where
the existing sewer line lateral exits the Property.
The pump station will convey sewage through an underground pipe to the City's sanitary sewer
system located directly south of that location near the center of 18th Street. No part of the lift
station and the associated conveyance piping in the right-of-way will protrude above the grade
of the existing sidewalk or 18th Street. Therefore, the lift station will neither impede pedestrian
access to and from the beach, nor inhibit parlking in 18th Street. The Applicant will place the
control panel, vent stack, and any other above grade elements for the lift station outside of the
public right-of-way, in the area north of the sidewalk.
Due to the permanent nature of the lift station, the City will require the Applicant to obtain an
easement (attachment) for the area encroached upon by the lift station and the associated
piping. The area of this proposed encroachment is approximately 527 square feet.
This issue was discussed at the July 25, 2012 Land Use and Development Committee meeting.
The Administration and Applicant have negotiated an easement agreement (Attachment) that
provides for the terms discussed in the Land Use and Development Committee, and a
guarantee of public access through the easement.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute a grant of easement with Shelborne Ocean Beach Hotel Condominium
Association, Inc., owner of the property located at 1801 Collins Avenue, for a lift station and
associated connection to City's sanitary sewer system in the public right-of-way, on the north
side of 18th street, east of Collins Ave., with a total area of 527 square feet.
Attachment: Draft Easement Agreement
KGB/JGG/FHB/JJF/RWS/DEF
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1801 Collins Easement-MEMO.docx
377
ATTACHMENT
(TO SUBMITTED AS SUPPLEMENTAL)
378
RESOLUTION TO BE SUBMITTED
379
THIS PAGE INTENTIONALLY LEFT BLANK
380
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving and authorizing the City Manager to execute a Sovereignty Submerged Land Lease
Renewal between the City of Miami Beach, as Lessee, and The Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, as Lessor, for a four (4)-slip docking facility at the North
Shore Police Substation.
Key Intended Outcome Supported:
To increase resident rating of public safety services.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2009 Community Satisfaction Survey noted that 75% of residents and 68% of businesses rated Miami
Beach city government as excellent or good in meeting their needs and expectations.
Issue:
Shall the City execute a retroactive Sovereignty Submerged Land Lease Renewal between the City of Miami
Beach, as Lessee, and The Board of Trustees of the Internal Improvement Trust Fund of the State of Florida,
as Lessor, for a four (4)-slip docking facility at the North Shore Police Substation retroactively commencing
on May 17, 2012 and ending on May 17, 2017.
ltemSumm
On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease ("Lease") with the
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as Lessor, for a parcel of
submerged sovereignty land located adjacent to the North Shore Police Substation at 6860 Indian Creek
Drive. The Lease was for a term of five (5) years which retroactively commenced on May 17, 2002, and
ended on May 16, 2007.
The Lease authorizes the City to operate an existing four (4)-slip docking facility exclusively to be used for
mooring of police and municipal City-owned vessels in conjunction with the upland police station.
On April 22, 2008, the Lease was subsequently modified to reduce the square footage from 17,120 to 10,515
and renewed for a term of five (5) years ending on May 17, 2012.
The City and Lessor have agreed to renew the Lease for a term retroactively commencing on May 17, 2012
and ending on May 17, 2017.
There is no annual rent or lease fee payments required under the Lease. There is a $595.00 processing fee
due at the time of renewal.
Board Recommendation:
Financial Information:
Source of Amount
Funds: 1 N/A
Financial Impact Summary:
Clerk's Office Le islative Trackin
Anna Parekh, ext. 6471
artment Director
AP
KGB/MAS/AP/MM
T:\AGENDA\2012\9-12-12\Sovereignty Submerged Land Lease Renewal SUM (8-28-12).docx
MIAMI BEACH 381
Account
AGENDA ITEM--=----
DATE ___..,~....:..-.....:......::::;;;....
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Matti H. Bower and Members of the City Commission
Kathie Brooks, City Manager
September 12, 2012
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A RENEWAL OF THE
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
RENEWAL (BOT FILE NO. 130037916) FOR A FOUR (4)-SLIP
DOCKING FACILITY AT THE NORTH SHORE POLICE SUBSTATION
BY AND BETWEEN THE CITY OF MIAMI BEACH, AS LESSEE, AND
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT
TRUST FUND OF THE STATE OF FLORIDA, AS LESSOR; SAID
LEASE RENEWAL HAVING A TERM OF FIVE (5) YEARS,
RETROACTIVELY COMMENCING ON MAY 17,2012 AND ENDING ON
MAY 17,2017
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOMES SUPPORTED
To increase resident rating of public safety services.
BACKGROUND
On July 10, 2002, the City, as Lessee, executed a Sovereignty Submerged Lands Lease (BOT
No. 130037916) ("Lease") with the Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida, as Lessor, for a parcel of submerged sovereignty land located adjacent to
the North Shore Police Substation at 6860 Indian Creek Drive. The Lease was for a term of five
(5) years which retroactively commenced on May 17, 2002, and ended on May 16, 2007; with
renewal of said Lease being at the sole option of Lessor.
On April 22, 2008, the City and the Lessor agreed to renew the Lease, as modified to reflect a
reduction in the leased premises, for a term of five (5) years, retroactively commencing on May
17, 2007 and ending on May 17, 2012, with renewal of said at the sole option of the Lessor. The
original area of 17,120 square feet was reduced to 10,515 square feet due to a change in the
number of docks verified by a current survey. The reduction in the number of docks was an
outcome of property destruction from past hurricanes and extreme weather conditions. It was
determined that the remaining docks were sufficient for the intended and exclusive use of the
City.
The City and Lessor have agreed to renew the Lease for a term retroactively commencing on
May 17, 2012 and ending on May 17, 2017; with renewal of said Lease being at the sole option
of Lessor (Attachment 1 ).
382
Commission Memorandum -Cinemateque Outdoor Cafe
September 12, 2012
Page 2 of2
ANALYSIS
The Lease authorizes the City to operate an existing four (4)-slip docking facility exclusively to
be used for mooring of police and municipal City-owned vessels in conjunction with the upland
police station. The docking facility serves as a valuable asset to the City in its efforts to serve
the North Shore area.
There is no annual rent or lease fee payments required under the Lease. There is a $595.00
processing fee due at the time of renewal.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
authorizing the City Manager to execute the Sovereignty Submerged Land Lease Renewal for a
four (4)-slip docking facility at the North Shore Police Substation retroactively commencing on
May 17, 2012 and ending on May 17, 2017.
KGB\MAS\AP\MM
Attachments
T:\AGENDA\2012\9-12-12\Sovereignty Submerged Land Lease Renewal MEM (8-28-12).docx
383
June 20,2012
City of Miami Beach, Florida
1
Florida Department of
Environmental Protection
Mariory Stoneman Douglas Bul!dlng
3900 Commonweolth Boul!:vard
Tallahassee, Florida 32399-3000
Attn: Mark Mi!isits, Leasing Specialist
55 5 1 7<£. Street
Miami Beach, Florida 33139
RE: BOT File No.: 130037916
Lessee: City of Miami Beach, Florida
Dear Mr. Mi!isits:
RlckScotl
Governor
jennifer Carroll
LL Governor
Herschel T. Vinyard, !r.
Secretary
Enclosed is a lease instrument, which requires acceptance by the notarized signature of Jorge M. Gonzalez as City
Manager of Miami Beach (two witnesses required). Pursuant to Chapter 695, Florida Statutes, the names of the
person executing the instrument, the two witnesses, and the notary public must be legibly printed or typewritten
directly below that person's signature. ·
Please complete and return the enclosed data information form that provides us with updated billing information, sales
tax information, and other data required pursuant to Section 212.03(6) and 212.031(3), Florida Statutes.
Please execute and return the enclosed instrument and any additional information requested within 30 days after
receipt of this letter. Upon receipt and acceptance, we will transmit the lease instruments for fmal departmental
execution. A fully executed instrument will be provided to you for recording in the county records where the facility
is located.
Also enclosed is Invoice No. 63877 for$ 595.00, the non-taxable instrument processing fee due on this account The
check should be made payable to the Department of Environmental Protection and mailed to Mail Station 125, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000. Please include BOT. File No. 130037916 on the check
to ensure proper deposit Payment is due within 30 days after receipt of this letter.
Please note that all annual lease fee invoices will include a six percent (6%) sales tax and the County Discretionary
Sales Surtax unless the Lessee can claim exemption. If you are tax exempt, please return a copy of your Tax
Exemption Certification for our records. Your Tax Exemption Certification is renewable and a current certification
must be on file in our office for you to receive this exemption. Processing fees for renewals, I!Ssignments (name
changes), and modificatio!IS are non-taxable. Do not add tax to any of these invoices. The tax will always be included
on the invoice if applicable.
Your cooperation and assistance are appreciated. If you have any questions regarding this matter, please feel free to
contact me at the letterhead address above (Mail Station No. 125) or at (850) 245-2720.
Sincerely,
!h
AmyHo::t
Government Operations Consultant
Bureau of Public Land Administration
Division of State Lands
/all
Enclosures (Lease, Invoice, Billing Form)
384
11lis Instro:ment Prepared By:
Amy Horton
Recurring Revenue Section
Bureau of Public Land Ad:ministration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee, Florida 32399
BOARD OF TRUSTEES OF THE Th'TERNAL IMPROVEME:N'T TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LAc'lDS FEE WAIVED LEASE RENEWAL
BOT FILE NO. 130037916
THIS LEASE is hereby issued by tbe Board of Trustees of tbe Internal Improvement Trust Fund of the State of
Florida, hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely perfo=ce of md cornplillllce with all
temll! and conditions stated herein, the Lessor does hereby lease to City of Miami Beach, Florida, hereinafter referred
to as the Lessee, the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 11,
Township 53 South, Range 42 East, in Indian Creek,
Miami-Dade County, containing Hl,515 sq\lll.re feet,
more or less, as is more particularly descnoed and shown
on Attaclunent A, dated January 24, 2008.
TO HAVE THE USE OF the hereinabove descnbed premises from May 17, 2012, the effective date of !his lease
renewal, tbtoughMay 17,2017, the expiration date of this lease renewal. The terms and conditions on and for which this
lease renewal is granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate an existing 4-slip docking facility exclUBively
to be used for mooring of police and municipal city owned vessels in conjunction with an upland police station, without
fueling facilities, with a sewage pumpout facility if it meets the regulatory reqoitemeuts of the State of Florida Department of
Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without
liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoing subject to the
remaining conditions of this lease.
[02/29}
385
2. AGREEIYlENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises us
defined herein (e.g., from commercial to multi-famlly residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement 'with third party for docking of cmise shlps, :from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats, from loading/oftloading commercial to rental of wet slips, etc.); (ii) change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian
upland property that is more particularly described in Attachment li without fust obtaining a regulatory permit/modified
permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if
applicable, and, if applicable, the removal of any structures whlch may no longer qualifY for authorization under the modilled
lease. If at any time during the lease term thls lease no longer satisfies the requirements ofsubparagraph 18-21.011 (1 )(b }7 .,
Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance v.-ith
Rule 18-21.011, florida Administrative Code, and if applicable, remove any structures whlch may no longer qualilJ for
authorization under this lease.
3. EXAt\.J.INATION OF LESSEE'S RECORDS: The Lessor is herehy specifically authorized and empowered to
examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books,
records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph lwo (2) above.
4. MAlNTENA."'CE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of
the leasod premises, and (ill) all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years.
Thls period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
5. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or
cooperative ovvnerslrip. The Lessee ia further prohibited from making any claim, including any advertisement, that said hmd,
or the use thereof, may be purchased, sold, or re-sold.
G. INTEREST IN RlP ARlAN UPLAND PROPERTY: During the term of ihls lease, the Lessee shall maintain the
interest in the riparian upland property that ia more particulru:ly described in Attachment li and by reference made a part hereof
together with the riparian rights appurtenant thereto, and if such interest is terminated, the lease may be terminated at the option
of the Lessor. Prior to sale md!or termination of the Lessee's interest in the riparian upland property, the Lessee shall info1111 any
potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its
terms and conilitions and shall complete and execute any documents required by the Lessor to effect an assignment of this
lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with
the ternlll and conditions of this lease whlch include, but are not limited to, payment of all fees and/or penalty assessments
incurred prior to such act.
7. ASSIGWviENT OF LEASE: This lease shall not he assigned or otherwille transferred without prior written
consent of the Lessor or its duly authorized agent Such assignment or other transfer shall be subject to the terms, conditions
and provisions ofmanagementstandards and applicable laws, rules and regnlations ln effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and v,ri.thout legal effect.
8. INDE:MNIFICATION!lNVESTIGA TION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property dsmage attributable to the negligent acts or
omissions of that party and the officers, employees and ageuts thereof. Nothing herein shall be construed as an indemnity or a
waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from
time to time, or any other law providing limitations on claims.
Page _£_of _1'L Pages
Sovereignty Submerged Lands Lease No. 130037916
386
9. NOTICES/COMPLIANCEiTER..'vliNATION: The Lessee binds itself, its successors and assigns, to abide by !be
provisions and conditions herein set fortb, and said provisions and conditions shall be deemed covenants of !be Lessee, its
successors and assigns. In the event !be Lessee fails or refuses to comply with the provisions and conditions herein set fortb,
or in !be event !be Lessee violates any of the provisions and conditioru herein set forth, and !be Lessee falls or refuses to
comply witb any of said provisions or conditions within twenty (20} days of receipt of !be Lessor's notice to correct, this lease
lllitY be terminated by the Lessor upon thirty (30) days written notice to the Lessee, If canceled, all of the above-described
parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S. Mail to the folla,.ing address:
City aflvliarni Beach, Florida
Atto: Mark f;filisits, Leasing Specialist
555 17'" Street
Miami Beach, Florida 33139
The Lessee shall notify the Lessor by certified lllitil of any change to this address at least ten {10) days before the change is
effective,
10, TA.XES AND ASSESSMENTS: The Lessee shall assume all responsibility ior liabilities that accrue to the
subject property or to the improvements tbereon, including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied againat the subject property during the
effective period of this lease,
l L NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or !lily part tbereof
to be used or occupied for any pmpose or business other than herein specified Wlless such proposed use and occupancy are
consented to by the Lessor and !be lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on !be leased premises.
12, MAINTENANCE OF FACILITY/RIGHT TO INSPECT; The Lessee shall maintain the leased premises in good
condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety
and welfare. No dock or pier shall be coru;tructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by !be Lessor or its designated agent at any reasonable time.
13. NON-DISCRlMlNATION: The Lessee shall not discriminate against any individual because of !hat individual's
race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within !be area
8Ubject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During !be lease term, !be Lessee shall
post and maintain the placard furnished to the Lessee by the Lessor in 11 prominent and visible location on the leased premises
or adjacent business office of the Lessee, It shall be !be resporu;ibility of the Lessee to post !be placard in a manner which will
provide protection from the elements, and, in !be event that said placard becomes illegible at any time during the term of 1hls
lease (including any extensions thereo:!), to notify the Lessor in writing, so that a replacement may be provided.
14, ENfORCEMb'NT OF PROVISIONS; No failure, or successive failures, on the part of the Lessor to enforce any
provision, nor any waiver or successive waivers on it;; part of any provision herein, shall operate as a discharge thereof or
render !be same inoperative or impair !be right of !be Lessor to enforce the Sll:li1e upon any renewlll tbereof or in the event of
subsequent breach or breaches,
15. PER\l:ISSION GRAJSTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page _L of _lL Pages
Sovereignty Submerged Lands Lease No. 130037916
387
16. RENEWAL PROVISIONS: Renewal of this lease sl:ta11 be at the sole option of the Lessor. Such renewal shall be
subject to the terms, condition;; and provisions of management stand&dl! and applicable laws, rules and regulations in effect at that
time. In the event thet Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal.
Such application for renewal milllt be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration
date of fue original or current term hereof. The term of any renewal granted by the Lessor shall commence on fue last day of the
previous lease te:rm. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, fue
Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its experne.
The obligation to remove all structures :mfuorized herein upon termination of this lease shall coru;titute an affinnative covenaot
upon fue Lessee's interest in fue riparian upland property more particularly described in Attachment£!, which shall run wifu the
title to fue Lessee's interest in said riparian upland property and shall be binding upon Lessee and Lessee's successors in title or
successors in interest
17. REMOVAL OF STRUCIURES/ ADMINISTRATIVE FINES: If fue Lessee does not remove said structures and
equipment occup:;1ng and erected upon fue leased premises after expiration or cancellation of fuis lease, such structures and
equipment "ill be deemed forfeited to fue Lessor, and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
9 or at such address on record as provided to fue Lessor by fue Lessee. However, such remedy shall be in addition to all oilier
remedies available to fue Lessor under applicable laws, rules and regulatiorn including fue right to compel removal of all
structures and fue right to impose administrative fine>.
18. REMOVAL COSTSIUEN ON RlP ARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 17 of fuis lease, any costs incurred by fue Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid coslil and expen.ses shall constitute a lien upon fue Lessee's
interest in the ripariao upland property fuat is more particularly described in Attschment )1. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in Sllill1llll:l)' proceedings as provided by law.
19. RECORDATION OF LEASE: The Lessee, at its own expense, shall record this fully executed lease in its
entirety in the public records of fue county wifuin which the lease site is located "'ifuin fourteen (14) days after receipt, and
shall provide to the Lessor wifuin ten (1 0) dayll following fue recordation a cupy of fue recorded lease in its entirety which
contains fue O.R-Book and pages at which fue lease is recorded.
20. RIP A.Rlfu~ RlGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is detennined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere ?.ifu adjacent
riparian rights, Lessee agrees to either obtain written consent for fue offending structure from the affected riparian owner or to
remove the interference or encroachment within60 days from fue date of the adjudication. Failure to comply wifu fuis
paragraph shall constitute a material breach of fuis lease agreement and shall be ground£ for immediate termination ofthis
lease agreement at fue option offue Lessor.
21 .• A.MENDMENTS/1tiODIFfCA TIONS; This lease is fue entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to fuis lease must be in writing, must be accepted,
acknowledged and executed by fue Lessee aod Lessor, and must comply with fue rules and statutes in existence at fue time of
the execution of the modification or amendment Notwithstanding fue provisions of this paragraph, if mooring is authorized
by this lease, fue Lessee may install boatlifts vtifuin the leased premises without formal modification of the lease provided that
(a) fue Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size offue lift does not
increase fue mooring capacity of the facility.
22. ADVBRTISEME't'-WSlGNSINON-W ATER DEPENDENT ACIIVITIESfADDITIONAL
ACTIVITIESIM1NOR STRUCTURAL REP AIRS: No permanent or temporary signs directed to fue boating public
advertising the sale of alcoholic beverages shall be erected or placed wifuin fue leased premises. No restaurant or dining
activities are to occur "'~fuin fue leased premises. The Lessee shall ensure that no pe:rrnanent, temporary or floating structures,
fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from fue Lessor. No additiomlstructures and/or activities including dredging,
relocation/realignment or major repaira or renovations to aufuorized structures, shall be erected or conducted on or over
sovereignty, submerged lands without prior written consent from fue Lessor. Unless specifically authorized in writing by the
Lessor, such activities or struc~..u:es shall be considered Uill!Ufuorized and a violation of Chapter 253, Florida Statutes, and shall
subject fue Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in fue interesls of public health,
safety or welfare; provided, however, fuat such activities shall not exceed fue activities aufuorized by this agreement
of_ll_Pages
So'veneigJnty Submerged Lands Lease No. 130037916
388
23. US ACE AUTHORIZATION: Prior to commencement of coru;truction and/or activities auiliorized herein, the
Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to
!:he construction and/or activities aui:horized herein ilia! may be required by the USACE shall. require consideration by and fue
prior written approval of the Lessor prior tn the commencement of construction and/or any activities on sovereign, submerged
lands.
24. COMPLifu"JCE WITH FLORIDA LAWS: On or in conjunction with the use of the !eased premilies, fue Lessee
shall at all limes comply wiili all Florida Sta!utes and all administrative rules promulgated !hereunder. Any unlawful activity
which occurs on the leased premises or in conjunction wifu !:he use offue leased premises shall be grounds for the termination
of this lease by tba Lessor.
25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at fue facility and inhabited by a person or
persons for any five (5) coru;ecutive days or a total often (10) dsys wifuin a thirty (30) day period. Ifliveaboarda are
authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months wifuin any
twelve (12) monfu period, nor shall any such vessel constitute a legal or primary residence.
26. GAMBLING VESSELS: During fue term of fuis lease and any renewals, exteruions, modifications or
assignments thereof, Lessee shall prohibit fue operation of or entry onto fue leased premises of gambling cruise ships, or
vessels fuat are used principally for fue purpose of gambling, when these vessels are engaged in "cruises to nowhere," where
fue ships leave and return to the state of Florida. wifuout an intervening stop wifuin anofuer state or foreign conntry or waters
wifuin tba jurisdiction of anofuer state or foreign conntry, and any watercraft used to carry passengers to and from such
gambling cruise ships,
/
Page ....L of _j]_ Pages
Sovereignty Submerged Landa Lease No. 130037916
389
WITNESSES:
STATE OF FLORIDA
COUNTY OF LEON
BOARD OF TRUSTEES OF THE IN'l'ER.c"lAL
IMPRO\'EMEN1 TRUST FUND OF THE STATE
OF FLORIDA
(SEAL)
BY:~----~--~------~------~~----
Jeffery M. Gentry, Operations and Management Consultant
Manager, Bureau ofPublic Land Administration, Division
of State Lands, State of Florida Department of Environmental
Protection, as agent for and on behalf of the Boord of Trustees of
the Internal Improvement Trust Fund of the State of Florida
"LESSOR*
The foregoing iu;;trument was acknowledged before me lhls ___ day of , 20__, by
Jcffm M. t:'rentry, Qrn;ratiom arul M!I!YI€emeut Consultant Manager Bllfm! ofPublle L1md Administratiq11, t!irisioo ofStue
Lat$. Smte of l:~~ Pmtru;tkm. l§1ll®lt for and on lrebalf of lh£ Boord of TMWg of~
Internal Improvement Trust F!illd oftbe State of Florida. He is personally knovm to me.
APPROVED AS TO FORM AJ\'D LEGALITY:
Notary Public, State of Florida
Printed, Typed or Sta!l'lped Name
My CoJ:l:l1!lisslon Expires:
Coi11l:JJission!SerialNo • ._ ___________ _
WITNESSES: City of Miami Beach, Florida (SEAL)
Signature
ofWitness Typed/Printed Name of Executing Authority
City Manager
Title ofExecuting Authority
Typed!Prioted Name ofWitoeaa "LESSEE"
The foregoing instrument was acknowledged before me t!ri.s ___ day of 20~ by
Jorge M. Gonzalez M City Manager, for and on behalf of City of Miami Beach, Florida. He is personally known to me or who
has produced as identification.
My Commission Expires:
Notary Public, State of. ____________ _
CoJ:l:l1!lission!Serial No,~------Printed, Typed or Stamped Name
Page _Q_ of _u_ Pages
Sovereignty Submerged Land Lease No. 130037916
390
Maps
6860 Indian Creek Miami Beach, Fl
33141
Attachment A
Page .L of~ Pages
SSLL No. 130037916
391
LOCATION SKETCH
scale: 1"=1 00'
LEGAL DESCRIPTION:
City of l\!iami Beach
6860 lndi.an Creek Drive
\[!ami BeudL Fl 33 i-+l
Portion of a submerged land located in Section 11, Township 53 South, Range 42
East, more particullarly described as follows:
Commence at the southeast corner of Lot 6, Block M, CORRECTED PLAT OF
ATLANTIC HEIGHTS, Plat Book 9, Page 14,Public Records of Miami-Dade
County, Florida; thence North 89"12'34" West, along the south line of said Lot 6
and its westerly extension for a distance of 269.13 feet to the POINT OF ~
BEGINNING of the submerged land herein described; thence continue North
89" 12'34" West along the westerly extension of said Lot 6 for a distance of 56.57
feet; thence North 6" 52' 36" West, for a distance 115.38 feet; thence North
57"59'1 0" East for a distance of 45.73 feet; thence South 34" 41' 27" East for a
distance of 85.27 feet; thence South 37"21'51" East for a distance of 24.36 feet;
thence South 39"27'43" East for a distance of 37.62 feet; thence South 53"12'39"
West for a distance 18.80 feet; thence South 76"27'54" West for a distance of
41.71 feet to the POINT OF BEGINNING. Said submerged lands located, lying
and being in the CITY OF MIAMI BEACH, MIAMI-DADE COUNTY, FLORIDA
containing 10515 square feet or 0.2414 acres more or less.
Attachment A
Page~ of _u_ Pages
SSLL No. 130037916
392
Attachment A
LEGEND
C.B.
C. B.S.
C.&G.
(t_
CL.
C.L.F.
C.M.
CAL.
CONC.
D.H.
ENC.
F.F.
I.P.
M.H.
It
P.O.B.
P.O.C.
P.P.
R/W
SWK.
!illMl w.v.
6
SUL
CATCH BASIN
CONCRETE BLOCK STRUCTURE
CURB AND GUTTER .
CENTERLINE
CLEAR
CHAIN LINK FENCE
CONCRETE MONUMENT
CALCULATED
CONCRETE
DRILL HOLE
ENCROACHMENT
FINISH FLOOR ELEVATION
IRON PIPE
MANHOLE
PROPERlY LINE
POINT OF BEGINNING
POINT OF COMMENCE
POWER POLE
RIGHT-OF-WAY
SIDEWALK
WATER METER
WATER VALVE
CENTRAL ANGLE
SAFE UPLAND LINE
SURVEYOR NOTES:
L
[il.
MW •
ARCLENGTH
ELECTRIC BOX
MONITORING WELL
~ STREET LIGHT
~ TRAFFIC LT. POLE
---WOOD FENCE
CAL. CALCULATED
F.F. FINISH FLOOR ELEVATION
M.D.C.R. MIAMI-DADE COUNlY RECORDS
GRASS AREA
REC.
MEAS.
IEl
191
®
i:Q]
@
DENOTES EXISTING ELEVATION
RECORD DISTANCE OR ANGLE
MEASURED DISTANCE OR ANGLE
TRAFFIC LIGTH PULL BOX
TELEPHONE PULL BOX
ELECTRIC MANHOLE
CATCH BASIN lYPE F
STORM MANHOLE
THE SPECIFIC PURPOSE OF THIS SURVEY IS TO SHOW THE BOUNDARIES OF THE
SUBMERGED LAND LEASE DESCRIPTION FOR THE MIAMI BEACH POLICE STATION
DOCK.
THIS IS A FIELD SURVEY.
COORDINATES SHOWN REFER TO NAD 1983 FROM MIAMI BEACH GIS MAP
BEARINGS REFER TO THE ORIGINAL WEST RIGHT-OF-WAY OF
INDIAN CREEK DRIVE (S29'06'00"E) AS SHOWN IN P.B. 28, P, 28, M.D.C.R.
ELEVATIONS SHOWN REFER TO N.G.V.D., 1929.
BENCH MARK G-313
ELEVATION 8.24
LOCATION: U.S. COAST GUARD AND GEODETIC BRASS DISC, seT 1N N.E. CORNER OF
SEWER PUMP STATION, CENTER OF PARKING LOT AT 72 S ;~
SHORELINE CONDITION ALONG LEASE SHORELINE PLUS 1,000 'f$
100% SEAWALL.
!ll:<Pf l'f 2NV f'CiWTEGYki7
I HEREBY CERTIFY: That this 'SPECIFIC PURPOSE SURVEY" is corre~'1%'}fJ'm~~rJill~ Minimum
Techinical Standards for Land Surveying in the State Florida as set forth In Chapter 472.027 (F.S.)
and Chapter 61G17-6 of the Florida Administrative Code. Not valid without the signature and raised
seal of a Florida Licensed Surveyor and Mapper.
CERTIFIED TO THE BOARD OF TRUSTEES OF THE I
OF THE STATE OF FLORIDA
1/24/08
DATE
Page JL of~ Pages
SSLL No. 130037916
393
Attachment A
I
I
I :I
:]j
~l!
jl
!j
/
Page J..Q_ of ...u_ Pages
SSLL No. 130037916
394
3
LLJ
5
z < _j
CL
Attachment A
I
I
t
Page ..1L of ...n_ Pages
SSLL No. 130037916
395
BETWEEN BLUE OCEAN VILLAS INC., 11 Florida corporation
·------------------------------------------~--~-·~"~
e:ais~ng under the laws of tho Stale oL.3:.~~~---..,.---~ b.a\O!Dg ils principal pilwe of
busln,...ln the County of Dade and State of Florida
and lawfully authorized to l:!:1ul.!lact business In lho Stale of Florida,. pllrly oi !he first port, 011d
C!TY .Qli' l.!IW mwm_
a corpomtlon exl,dllng under tho laws of lh• Slate of· _ _,Ii'"'l"'<:>"'.l'"'i::.:d,a"'---------. ba.vlng lb
prlnclpal place ·of bJUiness In tho County ('f Dade •nd State of _,p._,l~o!!.'r~i~d~~~~----.
011d lawfully authodzed to trausuct business in the Stale of Florida, party of the leCODd part.
WITNESSETH: 'lbt the said party of the flnt port, foz and In cooslden.tion of tbo sum of
Ten Dollars and othar §OOd and valuabla con&ldaration ~
to It In hand paid by the aald party of: tho second part, tho receipt whereof I& hereby aclcuowiodgod.
bu granted.· bargained and sold to the said party of ihe second put. Ito suCc-. and a.stgruo ftnever,
the following decrihed land situate; lying aod being In th• Caunty Qi<>fh--.hD!!!a~di!!!!L.....-----
\ and Sltlo of Florida, to-wlto
.,.
That portion or Lot One (1) thrqugh Lot S1,it/(6) in Block "N" of'
ATLANTIC HEIGHTS ·as shown on the corrected Plat thereor, recorded in
Plat Book 9, Paga 14 1 of' the public records Or Dade ·croun.ty, .FlOrida,
said portion'baing ~ora fully described aa fQ1lowa: '
~agin at the northeaate~I7 acrnar of L?t ona~{l} Ln Block flB 8 of
ATLAltTIC D!OnT.&; th&l(oa .run m:mtha.aaterl:y along tho northante.l.'17
:line of: aR'ld. l!lloelr: UN e dl,lltanoe <:rt: ~e H"l.mdl.'ed E:lav&n aM Fittcy'-
niJ.1Ill (li'IB:..h~.mdradtha {311.59) i'e11t to the point of ourvat.Ul'e ot' a '
curve havillg a l.'IH!iue of Twenty (20) 1'nt1 enid curve b~Jlng at the
aoutheaatt!rly eorn<tr of Lot au ($} in &ai\1 Block 8 W'; tl:umea l'un
along aaid c\.UNe dei'l&ctlng to the r1ght tO 'll Sud paLnt
Nine {91 feet eoutbwoatal.'ly of' the northaaeter of aald
!11111 jl>!:'oduced aoutheaetel'ly, sail\ Nine {9) :teet
angles to the northeaatel'ly 1:1J.1Ill oi' naitl al.o rodueed a>:<utb-
ea.a.terl:,-; tl.lenes run northwe!lter:ty along a 11 ne pnra::tltil to
ami Nine iln !'eat aouthwenl:!irl;r of'.~ the .. llO..l'theaatel'ly .li.w! ot .aald fll<~Clr ''N" to a point on t;l;te northwawtcrly Una of' U;td .Lot I:U.x (<lh
lilttd !fine (9) teet be~ meaa\ived at l':Lght ahgl.o11 to tho nqrthaaater-
1-y Une o!' sa;td Block "W'; thenall run. norf;h.wuterly alo.n.g a !iti'aight
line t oint on the Muth&aatarJ.y :une ,ot Two {21 ot haid ·
Block said paint ho OJ rest or thtt
ttaatal'J.;y e 1:1!' llnl.d !l:l lHllll.tllNid l:w
north>:>a&tll:rly' li.no i:>£ 11tU.d ; tl:lllnce no;~n:~::t•:;
a Una parallel to and tMt {10) i'eet · v o
1-y 1~ or said lllook "li" to a point on no~:rly l:.tne of
Ill of' said .lU{)ek "Ji"; thence run aalitarl-y alo.n.g the northeJCq
aait! .Lot On6 Ct) to tha nwthaute:r:ty linn of sai.d Blook "li"•
.And the said party of the lint part doeo lweby fully ........,t tho Utle to oaid land, aad will defel1d
lbo same lgninst the lawful claJm. ol all perSO.III whomsoev~. . ' . .
Attachment B
PageR of ...U. Pages
SSLL No. 130037916
396
lN WiTNESS WHEREOF, the sold party of the £irst part b&o e~~-..-llbese presonb.to bo tlgoo<l.lu
Its""""' by l!! JlrOper officers, o.nd its OOIJ)OIII!e sesl robe affixed, attosted by lis Secretary, the dsy ond
Attachment 8
Page~ of~ Pages
SSLL No. 130037916
397
~ ~
Q
0
"l
tl
&l
!
~ ... r
cJ
~
'C}l
:'l ~~
:.-t!J:I <>,..-
=-''"' <>~
~rn .. ~
~~ .-
?"
I~ :l~
1:' ~...,
t::V
-u.• ~ ,,...,
§ f.!
Q
~. -r-..... .,.._,.
0
;:JII
~ :;» m a
0 0
:;::1
"' 1\)
"'
0::
~ ....
:,:)
~
B=;
RESOLUTION TO BE SUBMITTED
398
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution extending, on a month-to-month basis, the Management and Operating Agreements between the City and The
Market Company, Inc., for the operation of the Green Markets on Lincoln Road and Normandy Isle and between the City and
Production Sud, Inc., for the operation of the Antique and Collectibles Market on Lincoln Road, for a period not to exceed
eight (8) months, commencing on October 1, 2012 and ending May 31, 2013; and, authorizing the Administration to proceed
in preparing and issuing a Request for Proposals (RFP) for the Management and Operation of Street Markets in Miami Beach
at various locations.
Outcome Sup orted:
Increase satisfaction with recreational programs.
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Whether the City Commission should approve an extension of the current Management and Operating Agreements and
further authorize the issuance of an RFP for the Management and Operation of Street Markets in Miami Beach at various
locations.
Item Summary/Recommendation:
On September 6, 2006, pursuant Resolution No. 2006-26281, the City entered Into three (3) separate Management and
Operating Agreements with The Market Company, Inc., for the operation of the Green Markets on Lincoln Road, Espanola
Way and Normandy Isle. A separate Management and Operating Agreement was provided to Production Sud, Inc. for
operation of the Antique and Collectibles Market on Lincoln Road. All agreements commenced on October 1, 2006 and
terminated on September 9, 2009. On July 1, 2009, the City approved the sole renewal option provided for in the respective
Agreements, extending the terms for an additional three (3) years, which are now set to expire on September 30, 2012, with
no renewal options remaining. On May 17, 2012, the Finance and Citywide Projects Committee (FCWPC), recommended to
initiate a new Request for Proposals (RFP) process to solicit interest in managing and operating street markets on Lincoln
Road, Normandy Village and in a suitable location around the Collins Park area, as well as to expand the scope to include
other areas of the City. The FCWPC further recommended that in order to fully explore all options in developing a proper
scope for the RFP and so as not to cause an interruption in schedule for the Markets, to extend the existing Agreements with
The Market Company and Production Sud on a month-to-month basis, until such time the Administration was prepared to
proceed with an RFP process. Subsequent to the FCWPC meeting, concern was expressed over the timing of the RFP
process and the possible conflict involved due to the lead time required in booking vendors for the Markets, which on account
of the seasonality and timing of the larger market circuit calendar, typically occurs at least six months ahead of season. The
Administration therefore recommends extending the existing Agreements with The Market Company and Production Sud on a
month-to-month basis, for a period not to exceed eight (8) months, commencing on October 1, 2012 and ending May 31,
2013. Ideally, the issuance of the RFP and the ensuing selection process will be tied as close as possible to this schedule, so
as to minimize potentia! booking conflicts between with the Market Operators and their vendors.
Ma 17, 2012-Actions noted above
Financial Information:
Source of Funds: Amount Account
Financial lm
Cl Clerk's Office Le lslative Trackin
Anna Parekh, extension 6471
s rtment
Director
AP
T;\AGENDA\2012\DB· 12-12\Markets Agreement Extension . Sum_doc
MIAMI BEACH
399
AGENDA ITEM __ C__:_ __
DATE 9-/2 -/2.-
lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie Brooks, City Manager / ~
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE AT THEIR MAY 17, 2012 MEETING TO EXTEND ON A
MONTH-TO-MONTH BASIS THE MANAGEMENT AND OPERATING
AGREEMENTS BETWEEN THE CITY AND THE MARKET COMPANY
FOR THE OPERATION OF THE GREEN MARKETS ON LINCOLN
ROAD AND NORMANDY ISLE; AND THE MANAGEMENT AND
OPERATING AGREEMENT BETWEEN THE CITY AND PRODUCTION
SUD, INC., FOR THE OPERATION OF THE ANTIQUE AND
COLLECTIBLES MARKET ON LINCOLN ROAD, FOR A PERIOD NOT
TO EXCEED EIGHT (8) MONTHS, COMMENCING ON OCTOBER 1,
2012 AND ENDING MAY 31, 2013; AND, AUTHORIZING THE CITY TO
PROCEED IN PREPARING AND ISSUING A REQUEST FOR
PROPOSALS (RFP) FOR THE MANAGEMENT AND OPERATION OF
STREET MARKETS IN MIAMI BEACH AT VARIOUS LOCATIONS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs
BACKGROUND
On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006-26281,
awarding, pursuant to RFP 30-05/06, the operation and management of the Green Markets on
Lincoln Road, Espanola Way and Normandy Isle to The Market Company, Inc., and the
operation and management for the Antique and Collectibles Market on Lincoln Road to
Production Sud, Inc.
The permitted uses for each market are as follows:
Lincoln Road Green Market: includes fruits, vegetables, juices, nuts and other related
products; plants and cut flowers;
Espanola Way Street Market: included arts and crafts; cut flowers and plants; fruits, juices,
nuts, and other related products;
400
September 12, 2012
Resolution Extending the Existing Market Agreements and
Authorizing the Issuance of an RFP for the Management
And Operation of Street Markets in Miami Beach.
Page 2 of 5
Normandy Village Street Market: includes arts and crafts; fruits, vegetables, cut flowers,
orchids and other related green market products; tropical fruit preserves, dressings, dried
fruits and nuts, honey and organic produce;
Antiques and Collectibles Market: includes antiques; vintage goods; and collectibles.
The City entered into four separate Management and Operating Agreements governing each of
the Markets, each commencing on October 1, 2006 and terminating on September 9, 2009.
The Agreements provided for an extension of the respective terms for an additional three (3)
years, which was approved by the City on July 15
\ 2009. It should be noted that shortly after the
renewal options were approved, the Espanola Way Market was closed due to lack of interest by
the vendors. With no additional renewal options remaining and the current terms set to expire
on September 30, 2012, the Administration seeks input on whether to initiate a new competitive
bid process to solicit interest in managing and operating street markets in multiple locations on
Miami Beach.
ANALYSIS
Since October 1, 2006, The Market Company has been operating its Green (Farmers) Markets
on Lincoln Road, Normandy Isle and until August, 2009, on Espanola Way. As noted above,
The Market Company's markets are generally engaged in the sale of cut flowers and plants,
fruits, vegetables and other edible products, including fresh fruits, dried fruits, vegetables, nuts,
preserves, pickled items, jams, jellies, juices, smoothies and other non-alcoholic beverages.
The "Green Market" concept was specifically adopted for Lincoln Road so as not to compete
with merchants in the area. During the same period, Production Sud has operated its Antiques
and Collectibles Market on Lincoln Road, engaging in the sale of antiques, vintage goods and
collectibles, including but not limited to, jewelry, bric-a-brac, reproductions, memorabilia, art,
and creative uses of recycled components. For allowing the Markets to operate in their
respective locations, the City receives rent equivalent to the greater of a fixed percentage of
concessionaire's gross receipts (PG) or an established minimum guarantee (MG) as follows:
15.0% $ 3,675
12.5%
$29,400
-Rent Received -
09/10
,338
FY 10/11
$13,111
$ 4 258
$34,608
The City also receives certain additional rent from the Concessionaires to cover the cost of field
monitoring at $19.85/hour for a maximum of 2 hours per event; $100.00 paid in four equal
quarterly installments of $25.00 each to cover the cost of pressure cleaning; and $4.00 per
market day for each vendor that requires electrical service.
A summary of terms for each of the Markets is included as "Exhibit A" to this memorandum.
Lincoln Road Green Market
The Lincoln Road Green Market is held every Sunday on the Lincoln Road Mall from
Washington Avenue to Meridian Avenue with an average of 20 vendors; operating
between the hours of 9:00a.m. until 6:30p.m.
401
September 12, 2012
Resolution Extending the Existing Market Agreements and
Authorizing the Issuance of an RFP for the Management
And Operation of Street Markets in Miami Beach.
Page 3 of 5
As noted in the table above, the Lincoln Road Green Market has consistently exceeded
its annual MG remittal to the City and continues to be a viable event for both the
Concessionaire and the City. It should be noted however, that due to the significant
increase in the number of sidewalk cafe permits issued on Lincoln Road since the
inception of the Markets, there has been, on occasion, friction between the restaurants
and the Markets over the displacement of some of their vendors.
Normandy Village (Isle) Market
The Normandy Market operates every Saturday on Rue Vendome with an average of 13
vendors. The street is closed to traffic during the Market's operation. The Market
Company continues to manage and operate this market as it has over the past few years
with little change in vendors or emphasis. Although not a high profit return to the City,
this market is primarily frequented by the surrounding community.
Antiques & Collectibles Market
The Antiques & Collectibles Market, operated by Production Sud, is held on Sunday with
operating hours of 9:00 a.m. until 6:00 p.m. twice a month from October through May.
The Market currently operates on Lincoln Road between Meridian Avenue and Michigan
Avenue; Michigan Avenue between South Lincoln Lane and North Lincoln Lane; and the
west side of Jefferson Avenue, between South Lincoln Lane and North Lincoln Lane,
with an average of 128 vendors(+/-).
It should be noted that due to the renovations and modifications to the 1100 block of
Lincoln Road that were completed in November, 2009, the Antiques and Collectibles
Market was not permitted to return to the block, resulting in the loss of approximately 30
vendor locations. To compensate for the reduction in space, the Antiques & Collectibles
Market was allowed to expand from two rows to three rows of tents on Michigan Avenue.
Even so, the Market was reduced from approximately 130 spaces to 110 spaces,
resulting in a loss of revenues and requiring staff to explore various options to add the
spaces back without conflicting with the Lincoln Road Green Market and without creating
circulatory, parking and/or life-safety issues. In August, 2011, Staff was able to secure
the west side of Jefferson Avenue between South Lincoln Lane and North Lincoln Lane,
which was able to accommodate an additional 18 vendors. This new location has since
made up for the concessionaire's loss of the 1100 block.
Collins Park Market
On October 14, 2009, pursuant to a request from the Collins Park Neighborhood Association
(CPNA), the City Commission approved a temporary Management and Operating Agreement
with The Market Company to operate a farmer's market adjacent to Collins Park on a trial basis
for a period of one (1) year, commencing on January 1, 2010 and ending on December 31,
2010. The Market was located on 22nd Street between Collins Avenue and Liberty Avenue,
which was not the location of choice for the CPNA or the Concessionaire, who would have
preferred a location in the Park itself. It should be noted that an exhaustive amount of time was
spent at a staff and Committee level in identifying and agreeing to the approved location for the
Market. The Park and the Central Boulevard located on the east side of Collins Avenue were
firmly ruled out due to a variety of concerns involving accessibility/ADA issues, maintenance-
related impacts, Historic Preservation issues, and parking and circulatory impediments. Staff
also looked at Park Avenue and Liberty Avenue as potential locations, but ruled them out, on
402
September 12, 2012
Resolution Extending the Existing Market Agreements and
Authorizing the Issuance of an RFP for the Management
And Operation of Street Markets in Miami Beach.
Page 4 of 5
account of their lack of visibility from public areas, which in effect would hide the market instead
of activating the Park. The 22nd Street location was deemed the most viable on account of its
high degree of visibility adjacent to the Park, the minimum impact to traffic circulation and the
minimal loss of parking spaces during market days.
The Collins Park Market started operations on January 3, 2010, and was scheduled to run every
Sunday from 9:00a.m. to 6:00p.m. However, the construction of Collins Park and surrounding
streetscape areas (including 22nd Street), had not been completed and was running behind
schedule. Also, abnormally cold and windy conditions prevailed in the area for most of the first
two months of operation, discouraging both pedestrian traffic as well as vendors from attending.
Furthermore, an inadequate power supply to provide electricity for some of the vendors resulted
in frequent electrical outages due to overloading of the circuits. For these reasons, The Market
Company elected to terminate its Agreement with the City on March 31, 2010.
It should be noted however, that despite The Market Company's experience with this location, it
is still determined to be the most viable and functional for the Collins Park neighborhood,
particularly since it is no longer subject to the mostly construction-related interruptions it was
affected by before. Furthermore, in light of the few restaurants in the area, no sidewalk cafes
and no local grocery store, a new market in this location could potentially be expanded to allow
for a broader spectrum of products to be sold, including, but not limited to, prepared foods, arts
and crafts, and the inclusion of live entertainment.
Also, while the electrical supply along this section of 22nd Street is still limited to Christmas tree
lighting outlets located atop the light poles along the north sidewalk, staff would recommend
allowing the use of quiet (whisper) generators by those vendors needing to operate electrical
equipment, such as blenders and toaster ovens. The agreements governing the Green Markets
currently preclude the use of generators so as to mitigate any chance of noise disturbances as
well as to minimize opportunities for vendors to engage in the production and sale of certain
prohibited items such as prepared foods. While this provision may still apply to future market
agreements involving Lincoln Road and Normandy Isle, an exception should be considered for
Collins Park.
Finance and Citywide Projects Committee Recommendation
At the May 17, 2012, meeting of the Finance and Citywide Projects Committee (FCWPC), the
Administration reported that the original intent of bringing the Markets to Miami Beach was to
establish an ancillary activity to attract new business for the merchants in the areas in which
they are located, particularly during the summer and off-season months. However, since the
number of vendors participating in the Green Markets is significantly reduced during the
summer and off-season and the Antiques and Collectibles Market only operates from October
through May, the Markets have not been a significant source of new business for area
merchants. On the other hand, they continue to be a popular draw on weekends for local area
residents and visitors and for which reason, the FCWPC concurred with the Administration's
recommendation to initiate a new Request for Proposals (RFP) process to solicit interest in
managing and operating street markets on Miami Beach in one or more of the four locations
identified above. The FCWPC also concurred with staff's recommendation to expand the scope
of the RFP to include other areas of the City, provided however, the locations involved have the
support of the respective neighborhood and/or neighborhood association, do not interfere with
traffic circulation and parking and don't pose any life-safety and/other code-related problems.
The FCWPC further recommended that in order to fully explore all options in developing a
proper scope for the RFP, and so as not to cause an interruption in schedule for the Markets, to
403
September 12, 2012
Resolution Extending the Existing Market Agreements and
Authorizing the Issuance of an RFP for the Management
And Operation of Street Markets in Miami Beach.
Page 5 of 5
extend the existing management agreements with The Market Company and Production Sud on
a month-to-month basis, until such time as the Administration was prepared to proceed with an
RFP process.
CONCLUSION
Subsequent to the May 17, 2012 meeting of the FCWPC, Production Sud expressed concern
over the timing of the RFP process, on account of the possible conflict in lead time involved in
booking vendors for the Antique and Collectibles Market. Typically, vendor contracts are
executed at least six to twelve months ahead of the Market's season, which starts in October.
Therefore and in accordance with the FCWPC's recommendation, the Administration
recommends extending the existing management agreements with The Market Company and
Production Sud on a month-to-month basis, for a period not to exceed eight (8) months,
commencing on October 1, 2012 and ending May 31, 2013. Ideally, the issuance of the RFP
and the ensuing selection process will be tied as close as possible to this schedule, so as to
minimize potential booking conflicts between with the Market Operators and their vendors.
KB\MS\AP\KOB
T:\AGENDA\2012\9-12-12\Market Agreements Extension Mem.doc
Cc: Max Sklar, Assistant City Manager
Anna Parekh, Director REH&CD
404
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS MAY 17, 2012
MEETING TO EXTEND, ON A MONTH-TO-MONTH BASIS, THE
MANAGEMENT AND OPERATING AGREEMENTS BETWEEN THE CITY AND
THE MARKET COMPANY FOR THE OPERATION OF THE GREEN MARKETS
ON LINCOLN ROAD AND NORMANDY ISLE AND BETWEEN THE CITY AND
PRODUCTION SUD, INC., FOR THE OPERATION OF THE ANTIQUE AND
COLLECTIBLES MARKET ON LINCOLN ROAD, FOR A PERIOD NOT TO
EXCEED EIGHT (8) MONTHS, COMMENCING ON OCTOBER 1, 2012 AND
ENDING NO LATER THAN MAY 31, 2013; AND, AUTHORIZING THE CITY TO
PROCEED IN PREPARING AND ISSUING A REQUEST FOR PROPOSALS
(RFP) FOR THE MANAGEMENT AND OPERATION OF STREET MARKETS IN
MIAMI BEACH AT VARIOUS LOCATIONS.
WHEREAS, On September 6, 2006, the Mayor and City Commission adopted Resolution
No. 2006-26281, awarding, pursuant to RFP 30-05/06, the operation and management of the Green
Markets on Lincoln Road, Espanola Way and Normandy Isle to The Market Company, Inc., and the
operation and management for the Antique and Collectibles Market on Lincoln Road to Production
Sud, Inc., (hereinafter referred to collectively as "Markets"); and
WHEREAS, the City entered into four (4) separate Management and Operating Agreements
('Agreements"), governing each of the Markets, respectively, commencing on October 1, 2006
and terminating on September 9, 2009; and
WHEREAS, the Agreements provided for an extension of the respective terms for an
additional three (3) years, which was approved by the City on July 15
\ 2009; and
WHEREAS, with no additional renewal options remaining and the current terms are set to
expire on September 30, 2012; and
WHEREAS, at the May 17, 2012, meeting of the Finance and Citywide Projects Committee
(FCWPC), the FCWPC recommended to initiate a new Request for Proposals (RFP) process to
solicit interest in managing and operating street markets on Lincoln Road, Normandy Village and in
a suitable location around the Collins Park area; and,
WHEREAS, the FCWPC also recommended expanding the scope of the RFP to include
other areas of the City, provided however, the locations involved have the support of the respective
neighborhood and/or neighborhood association, do not interfere with traffic circulation and parking
and don't pose any life-safety and/other code-related problems; and
WHEREAS, the FCWPC further recommended that in order to fully explore all options in
developing a proper scope for the RFP and so as not to cause an interruption in schedule for the
Markets, to extend the existing Agreements with The Market Company and Production Sud on a
month-to-month basis, until such time as the Administration was prepared to proceed with an RFP
process; and
T:\AGENDA\2012\9-12-12\Market Agreements Extension-Reso.doc
405
WHEREAS, subsequent to the May 17, 2012 meeting of the FCWPC, concern was
expressed over the timing of the RFP process and the possible conflict involved due to the lead time
required in booking vendors for the Markets, which on account of the seasonality and timing of the
larger market circuit calendar, typically occurs at least six months ahead of season; and
WHEREAS, staff therefore further recommends extending the existing Agreements with The
Market Company and Production Sud on a month-to-month basis, for a period not to exceed eight
(8) months, commencing on October 1, 2012 and ending no later than May 31, 2013; and to further
coincide the issuance of the RFP and the ensuing selection process as close as possible to this
schedule, so as to minimize potential booking conflicts between with the Market Operators and their
vendors.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby accept the
recommendation of the Finance and Citywide Projects Committee at its May 17, 2012 meeting to
extend, on a month-to-month basis, the Management and Operating Agreements between the City
and The Market Company, Inc., for the operation of the Green Markets on Lincoln Road and
Normandy Isle and between the City and Production Sud, Inc., for the operation of the Antique and
Collectibles Market on Lincoln Road, for a period not to exceed eight (8) months, commencing on
October 1, 2012 and ending no later than May 31, 2013; and, authorizing the Administration to
proceed in preparing and issuing a Request for Proposals (RFP) for the Management and Operation
of Street Markets in Miami Beach at various locations.
PASSED and ADOPTED this 12th day of June, 2012.
ATTEST:
Matti Herrera Bower, Mayor
Rafael Granado, City Clerk
T:\AGENDA\2012\9-12-12\Market Agreements Extension-Reso.doc
406
R5
ORDINANCES
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Chapter 70
Of The Miami Beach City Code Entitled "Miscellaneous Offenses," By Amending Article II, Entitled "Public
Places"; By Amending Division II, Entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, And
Motorized Means Of Transportation," By Amending Section 70-66, Entitled "Definitions," By Adding A Definition
For Bicycle Path; And By Amending Section 70-67, Entitled "Prohibited Activities," By Amending The
Prohibitions Regarding Motorized Means Of Transportation, Including Electric Personal Assistive Mobility
Devices (Also Known As Segways), By Rewording The Provisions Therein And Conforming The Language To
State Law; By Restricting The Speed Of Electric Personal Assistive Mobility Devices To Six (6) Mph On All City
Sidewalks, Sidewalk Areas, And Bicycle Paths; And By Prohibiting The Operation Of Electric Personal Assistive
Mobility Devices On Interior Pathways Within South Pointe Park And Collins Park; By Amending Section 70-68,
Entitled "Exemptions," By Exempting The Use Of Electric Personal Assistive Mobility Devices By City Police
And City Contracted Services From The Restrictions Of Division II; By Amending Section 70-69, Entitled
"Responsibilities Of Bicyclists And Skaters," By Adding Responsibilities For Persons Operating Electric
Personal Assistive Mobility Devices; By Amending Section 70-70, Entitled "Penalties," To Provide For
Responsibilities Of Businesses Providing Rentals And Tours Of Electric Personal Assistive Mobility Devices; By
Creating Section 70-71, To Be Entitled "Penalties" To Provide Civil Penalties In Addition To Existing Non-
Criminal Infraction Penalties For The Violation Of Certain Provisions In Chapter 70, Article li, Division li;
Providing For Repealer; Severability; Codification; And An Effective Date.
I Shall the Mayor and City Commission approve the Ordinance?
Item Summary!Recommendation:
In the interest of safety and in response to recurring complaints from residents, as well as observations
regarding the use of Segways on the City's beachwalks, baywalks, cutwalks, sidewalks, and interior park
pathways, the Administration recommends that the City Commission adopt an Ordinance regulating the
maximum speed of rental Segways operating in the City to 6 MPH (the beginner factory setting currently
available on Segways).
The new proposed ordinance seeks to establish new regulations on Segways and businesses providing rental
and tours of Segways. The new requirements include the following:
1. Requirement that Segways available for rental in the City be set at a maximum speed of 6 MPH (with
certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals and tours.
It is recommended that the new Segway regulations be enforced through the City's Code Compliance Division.
Provided the new regulations are adopted, staff will provide all licensed businesses currently providing Segway
rentals and tours with copies of such regulations.
Once the above new regulations have been adopted by way of an Ordinance, the City Administration will
evaluate if regulating the maximum speed of Segways on sidewalks and pedestrian pathways is an effective
safety measure, or if further Commission action is necessary. Such actions may include imposing additional
regulations on the use of Segways, such as restricting the use of Segways on certain pathways, etc., during
peak periods of pedestrian activity. City staff is engaging in an analysis of pedestrian use of the beachwalk,
baywalk, cutwalk, Lincoln Road and the west sidewalk of Ocean Drive, to more accurately assess peak
pedestrian activity.
THE ADMINISTRATION RECOMMENDS THAT THE ITEM BE OPEN AND CONTINUED
Advisory Board Recommendation:
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First Reading
as amended. At the June 6, 2012 Commission meeting, the Administration requested that this item be
open and continued in order to allow City staff and Segway business owners and other stakeholders the
opportunity to address outstanding concerns raised by Segway rental and tour companies. At the July 30,
2012 NCAC meeting, the Committee made several recommendations that require further evaluation by
staff.
Financial Information·
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: The proposed Ordinance would not require additional staffing and would not
have a fiscal impact on the City's budget. Enforcement would be with existing Code Compliance resources.
~ MIAMIBEACH 407
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City ommission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SECOND READING
PUBLIC HEARING
SUBJECT; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE MIAMI BEACH CITY CODE
ENTITLED "MISCELLANEOUS OFFENSES," BY AMENDING ARTICLE II, ENTITLED
"PUBLIC PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND MOTORIZED
MEANS OF TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED
"DEFINITIONS," BY ADDING A DEFINITION FOR BICYCLE PATH; AND BY
AMENDING SECTION 70-67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING
THE PROHIBITIONS REGARDING MOTORIZED MEANS OF TRANSPORTATION,
INCLUDING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (ALSO
KNOWN AS SEGWAYS}, BY REWORDING THE PROVISIONS THEREIN AND
CONFORMING THE LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED
OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6} MPH ON ALL
CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE PATHS; AND BY
PROHIBITING THE OPERATION OF ELECTRIC PERSONALASSISTIVE MOBILITY
DEVICES ON INTERIOR PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS
PARK; BY AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY CITY POLICE AND CITY CONTRACTED SERVICES FROM THE RESTRICTIONS
OF DIVISION II; BY AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY
AMENDING SECTION 70-70, ENTITLED "PENAL TIES," TO PROVIDE FOR
RESPONSIBILITIES OF BUSINESSES PROVIDING RENTALS AND TOURS OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING SECTION
70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL PENAL TIES IN
ADDITION TO EXISTING NON-CRIMINAL INFRACTION PENAL TIES FOR THE
VIOLATION OF CERTAIN PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be open and continued.
408
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 2 of 6
CURRENT STATUS
At the January 19, 2012 joint meeting of the Neighborhood/Community Affairs Committee and
Finance and Citywide Projects Committee, during the discussion on actions recommended to
address issues that occur during major event periods (such as Memorial Day Weekend), a
recommendation was made to regulate the speed of Segways available for rental in the City to a low
setting. The Committee directed staff to proceed with any necessary legislation.
This item was subsequently discussed at the meeting of the Neighborhood/Community Affairs
Committee held on March 27,2012. The Committee (Commissioners Libbin and Wolfson present)
moved to have an Ordinance drafted and presented to the full City Commission requiring that
Segways available for rental in the City be set at a maximum speed of 6 MPH (with certification of
such provided by the Business Tax Receipt (BTR) holder/rental company) and prohibition of the use
of Segways in interior paths at South Pointe Park and Collins Park.
Further, the Transportation and Parking Committee met on April 2, 2012 and passed a motion
concurring with the City in regulating Segway speed limits to a maximum of 6 MPH.
At the May 9, 2012 Commission meeting, the City Commission approved the Ordinance on First
Reading as amended. At the June 6, 2012 Commission meeting, the Administration requested that
this item be opened and continued in order to allow City staff and Segway business owners and
other stakeholders the opportunity to address outstanding concerns raised by Segway rental and
tour companies.
On June 1, 2012, City staff met with representatives of Segway rental and tour companies to
discuss their general concerns with the proposed Ordinance. A subsequent meeting was held on
June 19, 2012 to discuss specific points of concern from Segway businesses for the City's
consideration in going forward with the proposed Ordinance. In summary, the Segway rental and
tour companies present at the meetings objected to the City's proposed restrictions of Segway use
on the Beachwalk, Cutwalk, and Baywalk and regulating speeds to a maximum of 6 MPH. Further,
the Segway rental and tour companies believed that any proposed restrictions should also apply to
other modes of motorized/electric transportation, such as trikes, electric bikes, and electric scooters,
which are currently using sidewalks and pedestrian pathways and can have top speeds in excess of
20 MPH. At this time, there are at least two businesses in the City that rent trikes and electric bikes
in addition to renting Segways.
At the July 30, 2012 Neighborhood/Community Affairs Committee (NCAC) meeting, with Segway
business owners in attendance, the Committee made several recommendations that require further
evaluation by staff.
BACKGROUND
In 2007, the City of Miami Beach (City) adopted the Atlantic Greenway Network (AGN) to create a
safer environment for pedestrians and bicyclists. The AGN proposed a comprehensive network of
pedestrian and bicycle facilities that provides direct access to important destinations within the City,
linking residential neighborhoods, commercial centers, and parks. The Beachwalk, Baywalk, and
Cutwalk corridors, as well as trails and pedestrian paths located within the interior of the City's
parks, are a major component of the AGN system and facilitate the use of alternative and
sustainable forms of transportation throughout the City.
409
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 3 of6
The urban, dense environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, this has also included the
use of Electric Personal Assistive Mobility Devices (also known as Segways) along the City's
Beachwalk, Baywalks, Cutwalks, Sidewalks, and interior park pathways. Recent complaints with
regard to Segway use in the City have ranged from the speed at which the users pass pedestrians,
often without any warning to the pedestrian; careless and reckless behavior by the users causing
congestion and fear of injury on heavily traveled pedestrian walkways; and collisions with
pedestrians causing serious personal injuries. There have been at least two accidents involving
Segways and pedestrians that resulted in injuries requiring emergency assistance. In addition, there
has been damage to public art in Collins Park caused by Segways.
Current Regulations
The current State Statute regulating personal assistive mobility devices, §316.008(7) of the Florida
Statutes, requires the following: 1) if a person is operating the device on a sidewalk, the operator
must yield the right-of-way to pedestrians and give an audible signal before overtaking and passing
a pedestrian; 2) a person who is under the age of 16 years may not operate, ride or otherwise be
propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet
that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the
standards of the American National Standards Institute (ANSI Bicycle Helmet Standards), or any
other nationally recognized standards for bicycle helmets which are adopted by the Consumer
Product Safety Commission.
Recently, at the City's request, the Florida Legislature passed House Bill 599 which amended
§316.2068 of the Florida Statutes. The law will become effective on July 1, 2012 and authorizes
municipalities to regulate the operation of electric personal assistive mobility devices on any road,
street, sidewalk, or bicycle path under its jurisdiction if the governing body of the municipality
determines that such regulation is necessary in the interest of safety. Sidewalks were added to the
list of areas where local governments may regulate, but not prohibit, the use of Segways.
In addition, municipalities are further authorized to control and regulate Segways pursuant to
§316.008(7) of the Florida Statutes. This Section provides that a municipality may restrict the
operation of electric personal assistive mobility devices, and other specified devices, on sidewalks or
sidewalk areas when such use is permissible under federal law (e.g., when Segways are not
operated on sidewalks adjacent to Federal-aid System Highways, in which case the Federal
Highway Administration must issue a permit for motorized uses other than wheelchairs and electric
bicycles). If speed is regulated by a municipal ordinance pursuant to this Section, the ordinance
must restrict the speed of the device to a maximum speed of 15 miles per hour (MPH) in such areas.
Pursuant to 23 U.S.C. § 217, electric personal assistive mobility devices are generally prohibited on
any bicycle transportation and pedestrian walkway facility, including trails, funded under the Federal-
aid highway funding program categories. An exception to the above prohibition is if a mobility device
is used by persons with mobility related disabilities. A substantial portion of the City's existing
Beachwalk segments has been funded by the Transportation Enhancement Program (TEP), a
Federal Highway Administration (FHWA) discretionary grant program administered locally by the
Miami-Dade Metropolitan Planning Organization (MPO). As such, the City is in the process of
confirming with FHWA -Florida Division whether the above federal regulations apply to the
Beachwalks and other pedestrian ways in the AGN, as this would provide further regulation of the
types of devices permitted thereon.
410
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 4 of6
ANALYSIS
The Administration recently contacted Segway, Inc., the sole manufacturer of Segway products, to
inquire regarding the possibility of setting a maximum speed at which Segways can operate.
Typically, Segway speeds are pre-set from the factory in two (2) distinct user settings: a "beginner"
setting of 6 miles per hour (MPH) and an "advanced" setting of 12 MPH. The speed is adjustable
between 4 MPH and 12.5 MPH in increments of 0.5 MPH. The absolute maximum speed at which
Segways can operate is approximately 12.5 MPH. However, Segways can be set by the factory or
an authorized dealer to operate up to any pre-set maximum speed through the use of the Info key
Programming Tool. This tool allows an authorized dealer or Segway representative to lock in a top
speed. An end user would then only be able to adjust the speed within the parameters set by the
dealer/factory. For instance, if a dealer set the top speed of the Segway to 10 MPH, the end user
would be able to adjust the speed between 4 MPH and 10 MPH in increments of 0.5 MPH; however,
the user would not be able to exceed the maximum speed set by the dealer/factory. The lnfokey
Programming Tool is currently only sold to authorized dealers and tour groups owned by Segway
Inc. Currently, there are two authorized dealers in South Florida and one Segway Authorized
Tour/Representative in Miami Beach which have access to the lnfokey Programming Tool
necessary to adjust maximum speeds on Segways.
City staff has confirmed that five (5) Business Tax Receipts (BTRs) have been issued for the rental
of Segways in the City; two additional BTRs have applications pending. The total number of
Segways currently available for rental by Businesses with active BTRs for Segway rentals and tours
is 75. The City does not regulate the total number of actual Segways that the businesses may have
available for rental. Some Segway rental companies provide tours of the City, and these often
involve six to seven individuals on Segways travelling in a tight group with a guide.
RECOMMENDATION
In the interest of safety and in response to recurring complaints from residents, as well as
observations regarding the use of Segways on the City's Beachwalks, Baywalks, Cutwalks,
sidewalks, and interior park pathways, the Administration recommends a two-prong approach to
addressing the issue of Segway speeds and use in the City. As a first step, and in the interest of
safety due to the proliferation of Segway users that endanger and disrupt pedestrian traffic on
sidewalks and other pedestrian pathways, the Administration recommends that the Miami Beach
City Commission adopt an Ordinance regulating the maximum speed of rental Segways operating in
the City to 6 MPH (the beginner factory setting currently available on Segways).
The proposed Ordinance would amend the City Code to require that each BTR holder, currently
providing Segway rentals in the City, provide documentation to the City certifying that each Segway
used for rental purposes has been pre-set to a maximum speed of 6 MPH, as a condition of
obtaining/renewing a BTR. Further, BTR holders providing Segway rental and tours would be
required to comply with higher general liability insurance requirements, among other responsibilities
further described below. In addition, in response to concerns with the use of Segways in interior
park pathways, the proposed Ordinance would prohibit the use of Segways in interior pathways of
South Pointe Park and Collins Park.
It is recommended that the new Segway regulations be enforced through the City's Code
Compliance Division. Provided the new regulations are adopted, staff will provide all licensed
businesses currently providing Segway rentals and tours with copies of such regulations.
411
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 5 of 6
Once the above new regulations have been adopted by way of an Ordinance, the City
Administration will evaluate if regulating the maximum speed of Segways on sidewalks and
pedestrian pathways is an effective safety measure, or if further Commission action is necessary.
Such actions may include imposing additional regulations on the use of Segways, such as restricting
the use of Segways on certain pathways, etc., during peak periods of pedestrian activity. City staff is
engaging in an analysis of pedestrian use of the Beachwalk, Baywalk, Cutwalk, Lincoln Road and
the West sidewalk of Ocean Drive to more accurately assess peak pedestrian activity.
PROPOSED ORDINANCE
The proposed Ordinance will amend Sections 70-66, 70-67, 70-68, 70-69, and 70-70 of the current
City Code and create a new Section 70-71. In essence, the proposed Ordinance consists of the
following regulations:
1. Requirement that Segways available for rental in the City be set at a maximum speed of 6
MPH (with certification of such provided by the BTR holder/rental company).
2. Prohibition of the use of Segways in interior paths at South Pointe Park and Collins Park.
3. New responsibilities and insurance requirements for businesses providing Segway rentals
and tours.
In particular, the proposed Ordinance consists of the following changes to the City Code:
• Section 70-66 of the Code is being revised to include a definition for "bicycle path" which
includes the City's coastal pathways, beachwalk, baywalk, and cutwalk that are within the
Atlantic Greenway Network.
• Section 70-67 of the Code is being revised to include a restriction on the maximum speed of
electric personal assistive mobility devices to 6 MPH on sidewalk, sidewalk areas, and
bicycle paths; and a prohibition of Segways on the interior pathways within South Pointe
Park and Collins Park.
• Section 70-68 of the Code is being revised to exempt Police Department electric personal
assistive mobility devices from the proposed restrictions and new requirements.
• Section 70-69 of the Code is being revised to include responsibilities of operators of electric
personal assistive mobility devices.
• Section 70-70 of the Code is being revised to include responsibilities of businesses
providing rentals and tours of electric personal assistive mobility devices. New requirements
include obtaining a BTR from the City pursuant to Chapter 102 of the City Code, providing
certification from an authorized Segway dealer that the device has been set to a maximum
speed of 6 MPH at the time of BTR application, general liability insurance requirements in
the amount of $1 million, listing City of Miami Beach as additional insured, a waiver of liability
from all renters, and renter acknowledgment of all applicable State laws, codes, and City
regulations.
• Section 70-71 of the Code is being added to reflect a penalty schedule for a violation of any
of the above requirements. The penalties for each violation of the above proposed
412
Commission Memorandum -Ordinance Regulating Speed of Segways
September 12, 2012
Page 6 of6
regulations are as follows:
o $100 for the first offense
o $250 for the second offense
o $500 for the third offense
o $1000 for the fourth offense
o Habitual offenders are subject to forfeiture of license
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance Department utilizing existing resources.
CONCLUSION
At the July 30, 2012 NCAC meeting, the Committee made several recommendations that require
further evaluation by staff. Therefore, the Administration recommends that this item be open and
continued.
KGB/JGG/FHB/RWS/JRG
T:\AGENDA\2012\9-12-12\Segways speed. MEMO
413
ORDINANCE NO.------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE
MIAMI BEACH CITY CODE ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC
PLACES"; BY AMENDING DIVISION II, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKATING, IN-LINE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING
SECTION 70-66, ENTITLED "DEFINITIONS," BY ADDING A
DEFINITION FOR BICYCLE PATH; AND BY AMENDING SECTION 70-
67, ENTITLED "PROHIBITED ACTIVITIES," BY AMENDING THE
PROHIBITIONS REGARDING MOTORIZED MEANS OF
TRANSPORTATION, INCLUDING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES (ALSO KNOWN AS SEGWAYS), BY
REWORDING THE PROVISIONS THEREIN AND CONFORMING THE
LANGUAGE TO STATE LAW; BY RESTRICTING THE SPEED OF
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES TO SIX (6)
MPH ON ALL CITY SIDEWALKS, SIDEWALK AREAS, AND BICYCLE
PATHS; AND BY PROHIBITING THE OPERATION OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES ON INTERIOR
PATHWAYS WITHIN SOUTH POINTE PARK AND COLLINS PARK; BY
AMENDING SECTION 70-68, ENTITLED "EXEMPTIONS," BY
EXEMPTING THE USE OF ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES BY CITY POLICE AND CITY CONTRACTED
SERVICES FROM THE RESTRICTIONS OF DIVISION II; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBILITIES OF
BICYCLISTS AND SKATERS," BY ADDING RESPONSIBILITIES FOR
PERSONS OPERATING ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES; BY AMENDING SECTION 70-70, ENTITLED
"PENAL TIES," TO PROVIDE FOR RESPONSIBILITIES OF
BUSINESSES PROVIDING RENTALS AND TOURS OF ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES; BY CREATING
SECTION 70-71, TO BE ENTITLED "PENAL TIES" TO PROVIDE CIVIL
PENAL TIES IN ADDITION TO EXISTING NON-CRIMINAL
INFRACTION PENALTIES FOR THE VIOLATION OF CERTAIN
PROVISIONS IN CHAPTER 70, ARTICLE II, DIVISION II; PROVIDING
FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of bicycle paths in the City; and to facilitate and balance the health,
safety, and welfare interests of bicyclists, pedestrians, and others utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
414
devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body
of the ... municipality determines that regulation is necessary in the interest of safety"; and
WHEREAS, municipalities are further authorized to control and regulate segways
pursuant to Section 316.008(7) of the Florida Statutes, which provides that a municipality may
restrict the operation of electric personal assistance mobility devices to a maximum speed of 15
miles per hour on sidewalks or sidewalk areas when such use is permissible under federal law
(i.e., when such devices are not operated on sidewalks adjacent to Federal-aid System
Highways, in which case the Federal Highway Administration must issue a permit for motorized
uses other than wheelchairs and electric bicycles); and
WHEREAS, the City's bicycle paths on the Beachwalk, Baywalk, Cutwalk, and the City's
coastal pathways are within the Atlantic Greenway Network; and
WHEREAS, due to the safety concerns and injuries already experienced on the City's
heavily traveled bicycle paths and sidewalks, the Mayor and City Commission hereby determine
that it is in the interest of public safety that electric personal assistive devices be limited to a
maximum speed of six (6) mph on all City sidewalks, sidewalk areas, and bicycle paths; and
WHEREAS, due to the congestion of interior pedestrian pathways within Collins Park
and South Pointe Park, and physical damage to the public art work in Collins Park caused by
persons on electric personal assistive devices, the Mayor and City Commission determine that,
in the interest of safety, such devices should not be permitted in these areas.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Division II, entitled "Bicycling, Skateboarding, Roller Skating, In-Line Skating, and
Motorized Means of Transportation," of Article II, entitled "Public Places," of Chapter 70, entitled
"Miscellaneous Offenses," of the Miami Beach City Code is hereby amended as set forth below.
Other sections in Division II are also provided for reference purposes.
CHAPTER 70
MISCELLANEOUS OFFENSES
* * *
ARTICLE II. Public Places
* * *
DIVISION II. Bicycling, Skateboarding, Roller Skating, In-Line Skating,
and Motorized Means of Transportation
* * *
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
2
415
Bicycle path means any road. path or way that is open to bicycle travel which road. path,
or way is physically separated from motorized vehicular traffic by an open space or by a barrier
and is located either within the highway right-of-way or within an independent right-of-way, and
as defined and authorized by state law and the city code, and includes the city's coastal
pathways, beachwalk. baywalk, and cutwalk that are within the Atlantic Greenway Network as
set forth in Appendix A.
Grinding means the process by which a skater or skateboarder attaches to a curb or rail
and slides along the edge of the curb or rail.
Launching means using any angled or elevated surface which the skater, skateboarder,
or cyclist can jump from in order to get airborne.
Rail sliding means [a process] similar to curb or edge grinding. Handrails are often used
for rail sliding, in which the skater jumps to the top of the rail and slides down the decline.
Stalling means the process by which a skater or skateboarder attaches to a curb or edge
in the space between the second and third wheel of the in-line skate or any part of the
skateboard.
Sec. 70-67. Prohibited activities.
* * *
(b) It shall be unlawful for any person to engage in bicycling, roller skating, in-line skating, or
skateboarding, or operating any motorized means of transportation, in, on. or upon any
portion of the sidewalk on the west side of Ocean Drive between South Pointe Drive and
15th Street at any time. except for wheelchairs or other motorized devices when used by
disabled persons, in, on, or upon any portion of the sidewalk on the 'Nest side of Ocean
Drive between Biscayne Street and 15th Street at any time.
(c) It shall be unlawful to operate any motorized means of transportation in. on. or upon any
sidewalk or sidewalk areas in the city, except for {.§} wheelchairs or other motorized
means of transportation devices when used by disabled persons, and (b) electric
gersonal assistive mobility devices which shall be restricted to a maximum speed of six
(6) miles per hour. in, on, or upon any side'.valk or pedestrian 'Nalkway in the city.
@ It shal! be unlawful to operate an electric personal assistive device on any bicycle path ln
the City at a speed greater than six (6) miles per hour.
~{Stl It shall be unlawful to grind, rail slide, launch, or stall on the skateboard, in-line skates, or
roller skates or to engage in any other such type of activity which results in the damage
of public or private property.
ill It shall be unlawful to operate an electric personal assistive mobility device on interior
pathways within South Pointe Park and Collins Park.
Sec. 70-68. Exemptions.
Police department bicycle, af\G in-line skate, and electric personal assistive device patrol
units, city service vehicles, city-contracted security and maintenance services, service vehicles
authorized bv the city for use by city lessors. concessionaires, or other city contractors operating
3
416
pursuant to an agreement with the city, and the city-operated tram service shall be exempt from
the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists.~....aRd skaters .... and persons operating electric
personal assistive mobility devices.
(a) It shall be unlawful for any person to engage in bicycling, skateboarding, in-line skating,
or roller skating in the following areas:
1. On the grounds of any public facility including, but not limited to, city hall,
municipal parking garages, city police and fire stations, city public works yards,
and historically designated properties.
2. On any public walls, ramps, fountains, or other fixtures or structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object which is
not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, or roller skating,
such person shall engage in such activity at a controlled speed which does not endanger
the safety of pedestrians or others, shall yield the right-of-way to any pedestrian, and
shall give an audible signal before overtaking and passing such pedestrian .
.(Ql Whenever a person is operating an electric personal assistive mobillty device. such
person shall comply with aU applicable state, county, and cltv regulations and laws.
Sec. 70-70. PeRalties Responsibilities of businesses providing rentals and tours of
electric personal assistive mobility devices.
A violation of any of the pF0\4sions of this division shall be deemed a nGn criminal infraction as
defined in FS. §318.13(3) and shall be subject to the penalties set furth in F.S. §316.6556.
Any person that rents, leases, or provides tours for electric personal assistive mobility devices
shall:
{§} Obtain a business tax receipt from the city pursuant to Chapter 102 of the City
Code;
{Ql Provide a minimum of $1,000,000.00 in liability insurance coverage that includes
the City of Miami Beach as a named insured;
.(£1 Provide a certificate from an authorized electric personal assistive mobility device
dealer verifying that each device made available for rent, lease. or tour has been
set to a maximum speed of six (6) mph;
@ Obtain a release of liability and hold harmless agreement acceptable to the Cit£
Attorney, releasing and holding the City of Miami Beach harmless from liability
signed by all renters of electric personal assistlve mobility devices which release
and hold harmless agreement shall be made available for inspection by the city
at any time during business hours; and
4
417
{ill Provide all renters of electric personal asslstive mobility devices with a copy of all
applicable state and city laws, codes and regulations, the receipt of which shall
be acknowledged by the renter.
ill Comply with all administrative rules that may be established by the city regarding
rental, leases, or tours of electric personal assistive mobility devices.
Sec. 70-71. Penalties.
fill A violation of the provisions in Sections 70-67 and 70~69 shall be deemed a non-criminal
infraction as defined in ES. § 318.13(3} and shall be subject to the penalties set forth in
F.S. § 316.655.
i.Ql A violation of the provision in Section 70-70 shall be enforced in accordance with the
following procedures and penalties:
.L If a code compliance officer finds a violation of this chapter. the compliance
officer shall issue a notice of violation to the violator as provided in chapter 30.
The notice shall inform the violator of the nature of the violation, amount of fine
for which the violator may be liable, instructions and due·date for paying the fine,
notice that the violation may be appealed by requesting an administrative hearing
within 20 days after service of the notice of violation. and that failure to do so
shall constitute an admission of the violation and waiver of the right to a hearing.
f... A violator who has been served with a notice of violation shall elect either to:
.§. Pay the civil fine as follows:
(i) First offense ........................................ ,, ,$100,00;
(ii} Second offense"'"'""'""' ..................... , .. $250.00;
(iii) Third offense ........ , ............................... J!500,00;
(iv) Fourth and subsequent offenses .. , ... ., ....... $1,000.00; or
.Q. Request an administrative hearing within 20 days before a special master
appointed as provided in article II of chapter 30 to ap2eal the decision of
the code compliance officer which resulted in the issuance of the notice of
violation.
£. If the offense is a fourth or subsequent offense, it shall also be considered
an habitual offender offense and. in addition to the penalty set forth in
subsection 70-71(b)(2)(a)(iv). the City Manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
102-385.
~ If the named violator. after notice, fails to pay the civil fine or fails to timelv
request an administrative hearing before a special master. the special master
shall be informed of such failure by report from the code compliance officer,
Failure of the named violator to appeal the decision of the code compliance
officer within the prescribed time (2eriod shall constitute a waiver of the violators
right to administrative hearing before the S(2ecial master. A waiver of the right to
an administrative hearing shall be treated as an admission of the violation and
penalties may be assessed accordingly.
418
4. Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
§... The city may institute proceedings in a court of competent jurisdiction to compel
payment of civil fines.
6. A certified copy of an order imposing a civil fine may be recorded in the public
records and thereafter shall constitute a lien upon any other real or personal
property owned by the violator and it may be enforced in the same manner as a
court judgment by the sheriffs of this state, including levy against the personal
property, but shall not be deemed to be a court judgment except for enforcement
purposes. After two months from the filing of any such lien which remains unpaid,
the city may foreclose or otherwise execute upon the lien.
ffl The procedures for appeal of the notice of violation by administrative hearing shall be as
set forth in sections 102-384 and 1 02-385.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date.
This Ordinance shall take effect the 151 day of July, 2012.
PASSED and ADOPTED this __ day of------.....:' 2012.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MATTI HERRERA BOWER
MAYOR
Underline denotes additions and strike through denotes deletions
F:\ATTO\TURN\ORDINANC\Eiectric Personal Assistive Devices-Segway Speed-Paths & Sidewa]
6
419
THIS PAGE INTENTIONALLY LEFT BLANK
420
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 82-Section 504 of the Miami Beach City Code entitled "Monuments or Memorials,"
as recommended by the members of the Neighborhoods/Community Affairs Committee (NCAC) of December 8,
2011 and approved by the City Commission on first reading at the March 21, 2012 meeting.
Key Intended Outcome Supported:
Increase Community Satisfaction With City Government
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 75% of residents
and 68% of businesses rated Miami Beach city government as excellent or good in meeting their needs and
expectations.
Issue:
Should the City Commission accept the recommendations of the Neighborhoods/Community Affairs Committee to
· ss for handlin monuments/memorials as recommended?
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING -At the January 11, 2011, the Neighborhoods/Community Affairs
Committee (NCAC) the members expressed concern about the increased number of requests for memorial plaques
and asked that additional guidelines be developed for authorizing future requests. At the conclusion of the discussion
the Committee approved a moratorium on naming requests until draft guidelines were developed and returned to the
committee for review and approval. There have been a number of discussions and Commission actions related to the
establishment of guidelines for monuments and memorials since the initial discussion. These include;
• December 8, 2011 -NCAC discussion/recommendations to further manage the monuments and memorials
process. These recommendations were accepted by the City Commission on February 8, 2012.
• March 21, 2012 -An ordinance amendment was presented and adopted on first reading, but was referred
back to the NCAC for further discussion (between first and second reading of the Ordinance.).
• March 27, 2012-The NCAC discussed the proposed Ordinance and recommended that it be brought back to
the full Commission for second and final reading, with modifications.
• May 9, 2012-the item was discussed and a motion was made to open and continue the item, referred it
back to NCAC with the same scope and bring it back to the July 18, 2012 Commission meeting.
Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee meeting and the next
scheduled NCAC meeting was not until July 30, 2012, the City Commission opened and continued the second
reading public hearing of the proposed Ordinance Amendment at the September 12, 2012 meeting. As directed the
item was included in the Neighborhood/Community Affairs Committee's July 30, 2012 meeting agenda where the
item was presented by the Administration and a discussion was held. At the conclusion of the discussion the
Committee requested the Administration return to September 24, 2012 NCAC meeting with revisions to the proposed
amendment. The Administration recommends that the City Commission open and continue the second
reading public hearing of the proposed Ordinance Amendment to the October 24, 2012 City Commission
11, 2011, December 8, 2011, March 27, 2012 and Jul 30, 2012.
Financial Information:
Source of Amount
Funds: 1
OBPI Total
Financial Impact Summary: N/A
Director of Parks and Recreation
Department Director
KS
T:\AGENDA\2012\9-12-12\Com_. Summary-Monuments or
MIAMI BEACH 421
Account
AGENDA ITEM ..,._..l.J.....:=.,.-_ __
DATE """""""'""-'-'"""-""-=;.....
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO; Mayor Matti Herrera Bower and Members of the Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012 SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF
PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO
PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY
COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY
COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE
ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM
OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY
THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE
IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE
HONOR IS BESTOWED, THE PERSON IS CONVICTED OR
ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON
SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR
THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED,
WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee
meeting and the next scheduled NCAC meeting was not until July 30, 2012, the Administration
recommended that the City Commission open and continue the second reading public hearing
of the proposed Ordinance Amendment at the September 12, 2012 meeting.
As directed the item was included in the Neighborhood/Community Affairs Committee's July 30,
2012 meeting agenda. The item was presented by the Administration and a discussion was
held. At the conclusion of the discussion the committee requested the Administration return to
September, 2012 NCAC meeting with revisions to the proposed amendment. The
Administration recommends that the City Commission open and continue the second reading
public hearing of the proposed Ordinance Amendment to the October 24, 2012 meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase Community Satisfaction with City Government.
422
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials-
Second Reading I Public Hearing
September 12, 2012
City Commission Meeting
BACKGROUND
At the January 11, 2011, the Neighborhood/Community Affairs Committee held a discussion
concerning the approval of a memorial in honor of a Miami Beach resident to be located on
Lincoln Road.
While discussing the memorial issue the members also expressed concern as to the increase of
requests for memorial plaques over the past several months and felt the current process would
be well served to have additional procedures developed to serve as guidelines in authorizing
future requests for memorial plaques. At the conclusion of the discussion the
Neighborhood/Community Affairs Committee, as a part of the motion approving the memorial
under discussion, approved a moratorium on naming requests until draft guidelines to limit these
requests were developed by the Administration and returned to the Committee for its review,
discussion, and if approved referred to the full Commission for action.
ANALYSIS
Based on the discussion held at the January 11, 2011 Neighborhood/Community Affairs
Committee, relevant information from our City Code and the review of other communities'
standards, the Administration referred for discussion on March 11, 2011 to the Neighborhood/
Community Affairs Committee "Potential Policies for the Nomination/Number of Monument or
Memorial Plaques." The item was heard at the Committee's December 8, 2011 meeting.
At the conclusion of the extended discussion, which included both the Committee members and
resident input, the following action was taken.
ACTION: The Committee (Commissioners Libbin, Weithorn, and Gongora present)
recommended the following to the Commission:
With a vote of two to one, with Commissioner Gongora dissenting:
• Limit the Mayor and each Commissioner to one (1) monumenUmemorial
recommendation per term of elected office.
• In the event the request comes from a third party, then the cost and maintenance
is the requestor's responsibility.
• Add language to allow for the financial responsibility of the third-party requestor
to be waived with a 617 vote of the City Commission.
With a unanimous vote:
• Include recommended wording that the individual be in good standing and if
convicted/adjudicated of a felony, their name shall be removed.
• Administration to add whatever language is necessary for administrative cleanup.
• Streamline the process for handling monuments/memorials as recommended.
o Recommendations for monuments or memorials are referred by the
sponsoring commissioner to the appropriate Commission committee.
o If the committee approves (with the required majority) the placement of a
memorial plaque, that recommendation is forwarded to the full City
Commission to set a public hearing.
423
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials-
Second Reading I Public Hearing
September 12, 2012
City Commission Meeting
o If the committee approves a monument or a memorial that is not a
plaque (e.g. a site, bust, sculpture, structure, art work), the
recommendation is forwarded to the Art in Public Places Committee
(AiPP) for their review and recommendation as to location, aesthetic
quality, maintenance, and other related issues (in accordance with their
criteria); the AiPP recommendation is subsequently forwarded to the full
City Commission to set a public hearing.
o At the close of the public hearing, the City Commission may approve (or
disapprove of) the establishment of the monument or memorial, subject
to consistency with the criteria established in the Code.
• Monuments/memorials must comply with all established City Policies,
procedures, standards and guidelines.
The above action was subsequently presented to the City Commission at the February 8, 2012,
meeting in agenda item C6A -1) Report Of The Neighborhood/Community Affairs Committee
Meeting On December 8, 2011.
As directed, the Administration prepared the proposed ordinance amendment to the City of
Miami Beach Code, Chapter 82, entitled "Public Property" by amending Article VI entitled
"Naming Of Public Facilities and Establishment of Monuments or Memorials" by amending
Section 82-504 entitled "Monuments or Memorials" as recommended by the
Neighborhood/Community Affairs Committee at the December 8, 2011 meeting and presented it
on first reading to the Mayor and City Commission at the March 21, 2012 meeting. At that time
the City Commission adopted the Ordinance on first reading, but referred it back to the
Neighborhoods/Community Affairs Committee for further discussion (between first and second
reading of the Ordinance.)
The Neighborhood/Community Affairs Committee discussed the proposed Ordinance at its
meeting on March 27, 2012, and recommended that it be brought back to the City Commission
for second and final reading, with the following modifications:
a) that proposals for the establishment of a monument or memorial may only be
proposed by (or through) a member of the City Commission;
b) that the additional condition, requiring that the "requesting party" for the
establishment of a monument or memorial be responsible for all costs associated
with the design, fabrication, installation, and on-going maintenance of the
proposed monument and memorial, be deleted.
Accordingly, the Administration has incorporated the Committee's recommended changes, as
set forth in the above recommendation, for consideration on adoption of the Ordinance on
second and final reading.
At the May 9, 2012 City Commission meeting the title of the ordinance was read into the record
and the public hearing was held. Following the public hearing and City Commission discussion
a motion was made by Vice-Mayor Libbin to open and continue the item and refer to the
Neighborhood/Community Affairs Committee keeping the scope the same and to bring back to
Commission at the July 18, 2012 meeting.
Due to the cancellation of the June 26, 2012 Neighborhood/Community Affairs Committee
meeting and the next scheduled NCAC meeting was not until July 30, 2012, the City
Commission opened and continued the second reading public hearing of the proposed
Ordinance Amendment at the September 12, 2012 meeting.
424
Ordinance Amendment To Chapter 82-Article VI-Naming Of Public Facilities and Naming of Monuments and Memorials-
Second Reading I Public Hearing
September 12, 2012
City Commission Meeting
CONCLUSION
As directed the item was included in the Neighborhood/Community Affairs Committee's July 30,
2012 meeting agenda where the item was presented by the Administration and a discussion
was held. At the conclusion of the discussion the Committee requested the Administration
return to September 24, 2012 NCAC meeting with revisions to the proposed amendment. The
Administration recommends that the City Commission open and continue the second reading
public hearing of the proposed Ordinance Amendment to the October 24, 2012 City
Commission meeting.
KGB/MAS/KS
T:\AGENDA\2012\9-12-12\Com_ Memo -Monuments or Memorials Ordinance Amendment 2nd rdg -Public Hearing 9-12-12.doc
425
ORDINANCE NO.-----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF
PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82-504, ENTITLED
"MONUMENTS OR MEMORIALS," BY ADDING CRITERIA TO
PROVIDE THAT: A) ONLY THE MAYOR OR A MEMBER OF THE CITY
COMMISSION MAY PROPOSE THE ESTABLISHMENT OF A
MONUMENT OR MEMORIAL; B) THE MAYOR AND CITY
COMMISSIONERS SHALL EACH BE LIMITED TO PROPOSING THE
ESTABLISHMENT OF ONE MONUMENT OR MEMORIAL PER TERM
OF ELECTED OFFICE; C) ANY PERSON TO BE RECOGNIZED BY
THE ESTABLISHMENT OF A MONUMENT OR MEMORIAL MUST BE
IN GOOD STANDING IN THE COMMUNITY AND IF, AFTER THE
HONOR IS BESTOWED, THE PERSON IS CONVICTED OR
ADJUDICATED GUILTY OF A FELONY, THE NAME OF THE PERSON
SHALL BE REMOVED FROM SUCH MONUMENT OR MEMORIAL OR
THE MONUMENT OR MEMORIAL ITSELF MAY BE REMOVED,
WITHOUT ANY RESULTING LIABILITY TO THE CITY; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, at its January 11, 2011 meeting, the Neighborhoods/Community Affairs
Committee (the Committee) held a discussion concerning the approval of a memorial in honor of
a Miami Beach resident, to be located on Lincoln Road; and
WHEREAS, while discussing the aforestated issue, the members expressed concern as
to the increase in requests for establishment of monuments and memorials, and that the current
process would be well served by having additional procedures developed to serve as guidelines
in authorizing future requests for the establishment of monuments and memorials; and
WHEREAS, as a part of its motion approving the memorial for the Miami Beach resident,
the Committee also recommended establishing a moratorium on future requests (for the
establishment of monuments and memorial), until guidelines to limit these requests could be
developed by the Administration and returned to the Committee for review and, if approved,
referred to the full City Commission for action; and
WHEREAS, as directed, the Administration prepared a subsequent referral to the
Committee of proposed guidelines for the establishment of monuments or memorials; this issue
was discussed at the December 8, 2011, Committee meeting; and
WHEREAS, at the conclusion of the discussion, which included input from both the
Committee members and residents present, the Committee recommended the following:
a) that the Mayor and each City Commissioner be limited to proposing the
establishment of one (1) monument or memorial per term of elected office;
b) in the event of a request for the establishment of a monument or memorial by a
426
third party(ies), that the cost and maintenance for the monument or memorial (if
approved) be the requesting party's(ies') responsibility;
c) allowing for waiver of the requesting party's(ies') obligations in subsection (b)
above, by 6/7ths vote of the City Commission, following a duly noticed public
hearing;
d) that individuals being honored with the establishment of a monument or memorial
be in good standing in the community at the time of approval and, if subsequently
convicted or adjudicated of a felony, that such individual's name, or the
monument or memorial itself, be removed; and
WHEREAS, the aforestated Committee recommendations were subsequently presented
to the City Commission at its March 21, 2012, Meeting, as an ordinance amending the City's
Naming Ordinance (said amendment hereinafter referred to as the "Ordinance"); and
WHEREAS, the City Commission adopted the Ordinance on first reading, but referred it
back to the Neighborhoods/Community Affairs Committee for further discussion (between first
and second reading of the Ordinance); and
WHEREAS, the Committee discussed the proposed Ordinance at its meeting on March
27, 2012, and recommended that it be brought back to the City Commission for second and final
reading, with the following modifications:
a) that proposals for the establishment of a monument or memorial may only be
proposed by (or through) a member of the City Commission;
b) that the additional condition, requiring that the "requesting party" for the
establishment of a monument or memorial be responsible for all costs associated
with the design, fabrication, installation, and on-going maintenance of the
proposed monument and memorial, be deleted; and
WHEREAS, accordingly, the Administration has incorporated the Committee's
recommended changes, as set forth below, for consideration on adoption of the Ordinance on
second and final reading.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 82, Article VI, Section 82-504 of the Miami Beach City Code is hereby amended
as follows:
Sec. 82-504. Monuments or memorials.
(a) Whenever there is a proposal to establish a monument or memorial on public property in
the city, it shall first be considered and reviewed by the committee according to the
following procedures:
(1) Any person, organization, association, corporation, or other entity, including a
member of the city commission, or the administration of the city, Only the mayor
or a member of the city commission may propose the establishment of a
monument or memorial.:. at any time by Such proposal shall be submitted (by the
427
mayor or individual city commissioner sponsoring the subject proposal)iR§-a
proposal in writing to the city manager. who shall place the proposal on a city
commission meeting agenda within a reasonable time after receiving same. The
proposal shall be placed as a request for referral to the committee; which request
for referral shall first be approved by the city commission.
@ The establishment of a monument or memorial shall also be subject to the
following requirements:
ru_ The mayor and each city commissioner shall be limited to
proposing the establishment of one (1) monument or
memorial per their respective term of elected office.
Ql Any person to be recognized by the establishment of a
monument or memorial must be in good standing in the
community at the time of final approval of same by the city
commission and if. after the establishment of such monument
or memorial. the person is subsequently convicted or
adjudicated guilty of a felony, the name of the person shall be
removed from said monument or memorial or, at the city
commission's sole option and discretion. the monument or
memorial itself may be removed. In either case. neither the
city. nor any of its officers. employees. contractors. or agents.
shall have any liability to the person recognized by the
monument or memorial (including. without limitation. if such
person is deceased. his/her heirs. relatives. successors. or
assigns). and/or any other party(ies). for any costs or claims
resulting from such action and including, without limitation,
reimbursement of any costs incurred for design. fabrication.
installation. and/or maintenance of the monument or
memorial.
(2) Provided the referral to the committee (of the proposal to establish the monument
or memorial) is approved by the city commission pursuant to subsection (a}(1)
hereof then. Wwithin a reasonable time after receipt of the proposal, the
committee shall meet to consider and review same. Notice of the meeting shall
be given to all persons and/or entities 1Nho have proposed the establishment of
the monument or memorial.
(3) After reviewing the proposal for the establishment of a monument or memorial iR
accordance with its established selection criteria, the committee may
recommend. by majority vote. approval of the proposal, in which case such
proposal shall be transmitted, with the committee's recommendation, as follows:
the committee shall transmit a written recommendation to the city commission
regarding same.
@} If the committee recommends approval of a monument or
memorial that only requires the placement of a commemorative
plaque. the proposal and the committee's recommendation shall
be transmitted directly to the city commission.
428
(b) If the committee recommends approval of a monument or
memorial that requires the design, fabrication. installation, and
maintenance of a monument or memorial other than a plaque
(including without limitation. a site. bust. sculpture. structure. or art
work). then the proposal and the committee's recommendation
shall first be transmitted to the Art in Public Places Committee
(AiPP), for its review as to location, aesthetic quality,
maintenance. and other related issues. The AIPP's
recommendation. which shall only be advisory, shall be
transmitted to the city commission. along with the committee's
recommendation, prior to its consideration for final approval for
establishment of the proposed monument or memorial.
(4) The city commission may only consider a proposal to establish a monument or
memorial that has been ill recommended for approval by a majority of the
members of the committee; and. if required under subsection (3)(b) hereof. (ii)
reviewed by the AiPP in accordance with the criteria established in subsection
(S)(b) hereof; and further (iii) that includes a written analysis by the city
administration, which shall be transmitted to the city commission as part of the
commission agenda item for consideration of final approval, of the estimated
costs for the design, fabrication, installation, and ongoing maintenance of the
proposed monument or memorial.
(&) Within a reasonable time after rese1v1ng the recommendation for the
establishment of a monument or memorial from the sommittee,the sity
commission shall sail a publis hearing.
(e§) The city commission shall hold a public hearing to hear public comment. prior to
final approval for the establishment of a proposed monument or memorial.
Notice of the public hearing regarding the establishment of the monument or
memorial shall be published at least ten (1 0) days prior to the hearing in a
newspaper of general circulation in the city.
(7§) At the close of the public hearing, the city comm1ss1on may approve the
establishment of the monument or memorial.:. In approving the establishment, the
commission shall be governed by its established selection criteria. Additionally,
aAny proposal to establish a monument or memorial must be approved by a
5/7ths vote of the city commission-;-.:.
tSj Upon approval of the establishment of the monument or memorial, the sity
commission shall forward the proposal to the art in publis plases committee. The
art in publis plases committee will then make its recommendation to the sity
commission regarding the location, aesthetic quality, maintenance, and other
related issues, in assordanse with the its established criteria.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are herby
repealed.
429
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the __ day of-------· 2012.
PASSED and ADOPTED this __ day of------' 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions and strike through denotes deletions
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\ATTO\AGUR\RESOS-ORD\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc
T:\AGENDA\2012\5-9-12\Monuments Memorials Ordinance-Amendment (Final4-3-12).doc
430
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 2 of the Miami Beach City Code entitled "Administration" by amending Article Ill, entitled
"Agencies, Boards and Committees," by creating Division 33, to be entitled "Tennis Advisory Committee," and by creating
Section 2-190.148 to create a Tennis Advisory Committee and provisions establishing the Committee and it purpose,
powers and duties, composition, and supporting department; and providing for repealer, severability, codification and an
effective date.
Ke Intended Outcome Su orted:
Increase satisfaction with family recreational activities
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates 84.9% of re
ated the City's Recreation programs as either excellent or good.
Issue:
Should the City Commission approve this ordinance on first reading approving the creation of a "Tennis Advisory
Committee?"
Item Summary/Recommendation:
A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012 Commission meeting. At that
time the City Commission supported the concept of creating an Ad Hoc Tennis Committee to serve in an advisory capacity
during the construction of the new Flamingo Park Tennis Center and directed that a resolution creating the Ad Hoc Tennis
Committee be prepared. At the February 24, 2012 City Commission meeting, Mayor Matti Herrera Bower requested a
referral to the Neighborhood/Community Affairs Committee (NCAC) a discussion regarding "Creating A Clear Mission
Statement For The Proposed Ad Hoc Tennis Committee." This action was approved by the full City Commission and the
discussion item was placed on the March 2ih NCAC agenda. The Administration presented a mission statement for the
proposed Ad Hoc Tennis Committee to the NCAC which was recommended by the NCAC. At the May 9, 2012
Commission meeting the Administration presented a resolution accepting the Neighborhood/Community Affairs
Committee's recommendations approved on March 27, 2012 regarding the creation of an Ad Hoc Tennis Committee.
Following a Commission discussion the proposed resolution accepting the N/CAC recommendation to establish the Ad
Hoc Tennis Committee failed. Alternatively, the Commission approved a motion creating a seven (7) member stand-alone
Tennis Committee, as direct appointments by each member of the City Commission, and bring back the ordinance on first
reading at the July 18, 2012 Commission Meeting.
The ordinance amendment creating the Tennis Advisory Committee was discussed at the July 18, 2012 Commission
meeting. The amendment was approved on first reading, with the additional requirement that states "Two years after
September 22, 202 effective date of this Ordinance, the City Manager shall bring the provisions of this section before the
City Commission for its review and consideration". This Ordinance Amendment creating the Tennis Advisory
Committee is being presented for second reading and public hearing. as required.
I N/A
Advisory Board Recommendation:
Financial Information·
Source of Amount Account
Funds: 1
OBPI Total
Financial Impact Summary: It is estimated that an additional six (6) hours per month will be required by Parks &
Recreation staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the committee's
attendance, prepare the meeting minutes and perform other committee related duties as necessary to staff the newly
established Tennis Advisory Committee. These functions will be absorbed by existing staff.
Clerk's Office Le islative Trackin
Sl n-Offs:
Department Director Assista
KS
T:\AGENDA\2012\9-12-12\Tennis Committee Esta
MIAMI BEACH 431
AGENDA ITEM-....!....:......;;;;.... __
DATE_....L.......:..;;..........:..::::;;
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012 SECOND READING PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION
33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY
CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY
COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE
AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND
SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The proposed ordinance amendment to create and establish a Tennis Advisory Committee is
presented for first reading as directed by the City Commission at the May 9, 2012 City
Commission meeting.
KEY INTENDED OUTCOME SUPPORTED
Increase satisfaction with recreational programs.
BACKGROUND
The matter of creating a Tennis Committee was initially presented for discussion at the
December 14, 2011 Commission meeting by Commissioners Gongora and Wolfson. The
matter was deferred at the December 14, 2011 meeting and scheduled for inclusion in the
January 11, 2012 Commission meeting, where it was once again deferred but set for a time
certain on the February 8, 2012 Commission meeting agenda.
A discussion regarding the creation of a Tennis Committee was held at the February 8, 2012
Commission meeting. Comments were made by both the City Commission and residents in
attendance who spoke to the opportunities and challenges of creating a Tennis Committee; the
option of creating a sub-committee to the existing Parks and Recreational Facilities Board; or
the creation of an Ad Hoc Tennis Committee.
Following much discussion, the City Commission supported the concept of creating an Ad Hoc
Tennis Committee to serve in an advisory capacity during the construction of the new Flamingo
Park Tennis Center.
The Administration was also directed to bring a resolution creating the Ad Hoc Tennis
Committee for consideration of the City Commission, including a list of nominees, as
recommended.
432
Ordinance Amendment To Chapter 2-Article Ill -Creating A Tennis Advisory Committee
September 12, 2012
City Commission Meeting
Page 2 of2
Subsequently, and prior to bringing the item back to the full Commission in March, at the
February 24, 2012 special City Commission meeting, Mayor Matti Herrera Bower made a
request to refer to the to the Neighborhood/Community Affairs Committee (NCAC) a discussion
regarding "Creating A Clear Mission Statement For The Proposed Ad Hoc Tennis Committee."
This action was approved by the full City Commission and the discussion item was placed on
the March 2ih NCAC agenda.
At the March 2ih NCAC meeting, staff presented a recommended mission statement for the
proposed Ad Hoc Tennis Committee, as well as information on the proposed membership and
Ad-Hoc Committee duration. The proposed mission statement was developed based on staff's
understanding of the Commission's intent in forming the Ad Hoc Tennis Committee, as
referenced by the comments made during the Commission discussion on February 8th. The
following mission statement was presented and discussed at the NCAC on 3/27:
"The Flamingo Park Ad Hoc Tennis Committee shall exist to provide City Staff with
advisory recommendations on operational issues relating to the Flamingo Park
Tennis Center, as they may arise during the construction of the Flamingo Park
Tennis Center, to ensure the continued enjoyment of the tennis facilities during
construction."
Following discussion, this proposed Mission Statement was recommended by the NCAC on
March 27th.
At the May 9, 2012 Commission meeting the Administration presented a resolution accepting
the Neighborhood/Community Affairs Committee's recommendations from their March 27, 2012
meeting regarding the Ad Hoc Tennis Committee's mission statement, and the membership,
purpose, duration and functions. Following a commission discussion the resolution accepting
the N/CAC recommendations was not approved, however the Commission did approve the
following motion:
Motion made by Vice-Mayor Libbin to direct the Legal Department to draft an ordinance
for first reading, creating a seven (7) member stand-alone Tennis Committee, as direct
appointments by each member of the City Commission, and bring back at the July 18,
2012 Commission Meeting; seconded by Commissioner Gongora. Voice vote: 6-0;
Absent: Commissioner Wolfson.
The ordinance amendment creating the Tennis Advisory Committee was discussed at the July
18, 2012 Commission meeting. The amendment was approved on first reading with the
additional requirement that states "Two years after September 22, 2012 effective date of this
Ordinance, the City Manager shall bring the provisions of this section before the City
Commission for its review and consideration".
FISCAL IMPACT
It is estimated that an additional six (6) hours per month will be required by Parks & Recreation
staff members to prepare meeting notices, meeting agendas, attend the meetings, maintain the
committee's attendance, prepare the meeting minutes and perform other committee related
duties as necessary to staff the newly established Tennis Advisory Committee. These functions
will be absorbed by existing staff.
CONCLUSION
On July 18, 2012, the City Commission approved this ordinance on first reading and is being
presen ed for second reading and public hearing as required.
KGB
T:\AGENDA\2012\9-12-12\Tennis Committee Establishment Ordinance-2nd rdg-public hearing MEMO.doc
433
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION," BY AMENDING ARTICLE Ill, ENTITLED
"AGENCIES, BOARDS AND COMMITTEES," BY CREATING DIVISION
33, TO BE ENTITLED "TENNIS ADVISORY COMMITTEE," AND BY
CREATING SECTION 2-190.148 TO CREATE A TENNIS ADVISORY
COMMITTEE AND PROVISIONS ESTABLISHING THE COMMITTEE
AND ITS PURPOSE, POWERS AND DUTIES, COMPOSITION, AND
SUPPORTING DEPARTMENT; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, tennis is a popular recreational sport enjoyed by many residents and
visitors in the City of Miami Beach; and
WHEREAS, in order to improve the quality of life of the residents in the City by
promoting the development and sound management of public tennis facilities, a Tennis Advisory
Committee should be created.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1.
That Chapter 2, Article Ill, of the Miami Beach City Code is hereby amended to create Division
33 thereof and Section 2-190.148 thereto, as follows:
CHAPTER 2
ADMINISTRATION
* *
ARTICLE Ill
* * *
Division 33. Tennis Advisory Committee
Sec. 2-190.148. Established; purpose; powers and duties; composition; supporting
department.
@2 Established. There is hereby established the Tennis Advisory Committee, whose
purpose, powers, duties and composition are setforth in this section. Two years
after the September 22, 2012 effective date of this Ordinance, the City Manager
shall bring the provisions of this section before the City Commission for its review
and consideration .
.(Ql Pumose. The mission of the Tennis Advisory Committee is to improve the Jives of
residents by promoting the development and sound management of public
facilities dedicated to the sport of tennis in the City of Miami Beach and to make
434
recommendations, as appropriate, to the City Commission and the City
Administration,
.(g2 Powers and duties. The powers and duties of the committee shall be to provide
advisory recommendations regarding the use, operation, management and
development of public tennis facilities to the City Commission and the City
Administration for such action as the City Commission and the City
Administration may deem appropriate .
.(Ql Composition. The committee shall be composed of seven (7} members, each of
whom shall be a voting member who has demonstrated a high degree of interest.
participation, and/or expertise ln the sport of tennis. The Mayor and City
Commissioners shall each make one direct appointment to the committee.
@} Supporting department. The supporting department of the committee is the Parks
and Recreation Department.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. Effective Date,
This Ordinance shall take effect the day of ________ ,, 2012.
PASSED and ADOPTED this day of ________ ,, 2012,
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
MATTI HERRERA BOWER
MAYOR
APPROVED AS TO
FORM & LANGUAGE
&FO CUTION
F:\ATTO\TURN\ORDINANC\Creating Tennis Advisory Committee 2012.doc
2
435
I
NE -1liURSDAY,AUGUSl23, 2012, I WNE
'" '~'~""'~-..o.-"'"'~--"'-'-wv~'"-~=-~-~~"'='-~"~~~-~~'""-~'=-~'>0'-"~w ~-~---w-w . '
CITY OF MIAMI BEACH
-NdtiCE OF PUBLIC HEARINWGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor
and City Commission tit too City Of Miami Beach, Florida, in tha Commission Chambers, 3rd Floor,
City Hall, 1700 Convention Cooter Drive, Miami Beach, Florida, on WI;DNESDAY, September 12,
2012 to consider the fol!owll'ltf. , · · · ·
11:10 a.m~
Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration,"
By Amending Article Ill, Entitled-"Agencies, Boards And Comrnhtees," By Creating 'Division 33, to Be
Entitled "Tennis Advisory Committee," And By Creating Section 2~ 190.148 To Create A Tennis Advisory
Committee And Provisions Estabiishing lhe Committee And Its Purpose, Powers And Duties, Composition,
And Supporting Department. · ·
Inquiries may be directed to the Parks and Recreation Department at (304) 673-7730.
11:20 a.m.
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And
Vehicles"; Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private
Property; Towing"; Requiring Notification Of Private Property With Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at (304) 673-7275.,
11:30 a.m.
Artificial Grass:
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Mia!Tii Beach, By 1
Amending Chapter 142, "Zoning Districts And Regulations," Article HI, "Overlay Districts," Division 2, \
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To [
Establish Policies Regarding Th.e Installation Of Synthetic Grass. l
Inquiries may be directed to the Planning Department at (304) 673-7550. . l
11:40 a.IJl. . . f
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The ~
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing I
Compensation Provisions For The City Manager And The Attorney: 1
Inquiries may be directed to the City Attorney's Office at (304) 673-7470. I
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to !
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention 1
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33f39. Copies of these ordinances are available I
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center !
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such I
circumstances additional legal notice will not be provided. 1
Rafael E. Granado, City Clerk
City of Miami Beach !
Pursuant to Section 286.0105, Ra. Stat., the City hereby advises the public that if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting 1
or-its hearing, such person must ensure that a verbatim record of the proceedings is made,. which \
record includes the testimony and evidence upon which the appeal is to be based. This notice does not 1
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant I
evidence, nor does it authorize challenges or appeals not otherwise allowed by law. I
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/~r any accommodation to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411~1ce) or m
users may also call the Florida Reiay Service at 711. · •
Ad #724 •
436
COMMISSION ITEM SUMMARY
Condensed Title:
Amendment of the City Code Chapter 106, "Traffic and Vehicles"; Article VI, "Towing and
Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private Property; Towing"; Requiring
Notification Of Private Property With Automated Payment Machine Use; Providing For Codification,
Re ealer, Severabilit And Effective Date.
d Outcome Su rted:
Issue:
Shall the City Commission approve the proposed amendment to the City Code requiring notice
· · "lities with automated a ment machines?
Item Summary/Recommendation:
On July 18, 2012, the Mayor and Commission approved the proposed amendments to the City Code
relating to private parking facilities with automated payment machines. The City Commission directed
the Administration to revise the language for the proposed notice by prominently stating that the
penalty for unauthorized use; non-payment; and overtime parking is the towing of the vehicle at the
owner's expense. The notice (see attached) has been revised to reflect this change.
On February 8, 2012, the Mayor and City Commission approved a referral to the Neighborhoods and
Community Affairs Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On May 22, 2012, the NCAC held a follow-up discussion, regarding the proposed amendment to the
City Code and recommended approval of the proposed ordinance, including the attached notice which
must be prominently posted at all times. The City Attorney's Office and the Administration drafted the
following amendment to the City Code and notice (see attached) regulating enforcement of private
parking facilities with automated parking systems.
FISCAL IMPACT-The City Administration evaluated the long term economic impact (at least 5 years)
of this proposed legislative action and determined that the proposed Ordinance would have no fiscal
impact to the City.
The Administration recommends that the Mayor and Commission approve the proposed
ordinance on second and final public hearing on September 12, 2012.
rd Recommendation:
ighborhoods and Community Affairs Committee endorsed this amendment to the City Code on
Ma 22, 2012.
Financial Information·
Source of Amount
Funds:
1 $
OBPI Total $
Financial Impact Summary:
C1ty Clerk's Off1ce Leg1slat1ve Trackmg:
Saul Frances, Parking Director
Sign-Offs:
Department Director
Account
437
I Approved
122012.sum.docx
AGENDA ITEM _....o...;...z::.......--
DATE _......._.~-L-.!i-
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager /(A-
DATE: September 12, 2012 Second and Final Public Hearing
SUBJECT: PRIVATE PARKING FACILITIES WITH AUTOMATED PAYMENT
MACHINES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC AND
VEHICLES"; ARTICLE VI, "TOWING AND IMMOBILIZATIONS"; SECTION
262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY; TOWING";
REQUIRING NOTIFICATION OF PRIVATE PROPERTY WITH AUTOMATED
PAYMENT MACHINES; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed
ordinance at the second and final public hearing on September 12, 2012.
RESULTS OF FIRST READING AT THE CITY COMMISSION MEETING OF 7/18/12
On July 18, 2012, the Mayor and Commission approved the proposed amendments to
the City Code relating to private parking facilities with automated payment machines.
The City Commission directed the Administration to revise the language for the
proposed notice by prominently stating that the penalty for unauthorized use; non-
payment; and overtime parking is the towing of the vehicle at the owner's expense. The
notice (see attached) has been revised to reflect this change.
ANALYSIS
On February 8, 2012, at the request of Commissioner Libbin, the Mayor and City
Commission approved a referral to the Neighborhoods and Community Affairs
Committee (NCAC) for a discussion regarding a draft ordinance to regulate private
parking lots or facilities with automated parking systems.
On March 27, 2012, the NCAC held a discussion on the item and directed the City
Attorney's Office and the Administration to amend the draft of the ordinance to include
the following requirements:
• Conspicuously posted notices advising that the subject property is "Private
Property" and said facility is operated with Automated Payment Machines
(APMs).
438
• Nonpayment and/or overtime parking violations may result in their vehicle being
towed at the owner's expense only after a one (1) hour grace period has been
provided before removal.
• The aforementioned information shall be prominently and conspicuously posted
as follows (see attached):
• At the entrance and exit of the facility.
• On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
• At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility.
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
On May 22, 2012, the NCAC held a follow-up discussion regarding the proposed
amendment to the City Code and approved the aforementioned recommendations,
including the attached notice which must be prominently posted at all times. It is
important to note that the NCAC did not approve the requirement to have a one (1) hour
grace period before removal of the vehicle.
The City Attorney's Office and the Administration drafted the following amendment to the
City Code and notice (see attached) regulating enforcement of private parking facilities
with automated parking systems.
Miami Beach City Code Chapter 106
Section 106-262 {a) {5)
(5} In unattended private lots using automated payment systems. following payment
and expiration of parking fees, the property owner may remove vehicles for
nonpayment or overtime parking, only if the owner has provided notl'<§
prominently posted on the property in compliance with the standards of ES.
715.07, that the proP.§lrty is private and nonpayment or overtime parking may
result in the vehicle being towed. All notices shall be posted as follows:
• At the entrance and exit of the facility.
• On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment
for use of the facility.
" At the APM or any other equipment or machine used to accept
and/or process payment for use of the facility
• In-car meters or similar devices offered by the City of Miami
Beach are not honored on private property.
439
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action and determined that the
proposed Ordinance would have no fiscal impact to the City.
CONCLUSION
The Administration recommends that the City Commission approve the proposed
ordinance upon first reading and set a second reading and public hearing for September
12, 2012.
KGB/PDW/SJf..
T:\AGENDA\2012\09-12-
12\PrivateParking F acilitiesAutomated PaymentMach inesSecondFinaiPublicHearingSept1220 12.mem.docx
440
I
II
IF YOU DO NOT PAY OR PARK IN
EXCESS OF THE TIME PURCHASED,
YOUR VEHICLE MAY BE TOWED~~
THIS FACILITY IS PRIVATE PROPERTY
THIS IS NOT A CITY OF MIAMI BEACH MUNICIPAL
PUBLIC PARKING FACILITY.
MUNICIPAL PAYSTATION RECEIPTS; PARKING
PERMITS; AND/OR IN-CAR METERS ARE
NOT HONORED AT THIS FACILITY.
THE EXPENSE TO RECOVER YOUR VEHICLE
FROM THE TOWING SERVICE IS SUBJECT TO
MAXIMUM ALLOWABLE TOWING RATES.
441
ORDINANCE NO.'-----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 106, "TRAFFIC
AND VEHICLES;" ARTICLE VI, "TOWING AND IMMOBILIZATIONS;"
SECTION 262(a)(5), "VEHICLES PARKED ON PRIVATE PROPERTY;
TOWING;" REQUIRING NOTIFICATION OF PRIVATE PROPERTY
AND AUTOMATED PAYMENT MACHINE USE; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on February 8, 2012, at the request of Commissioner Libbin, the
Mayor and City Commission approved a referral to the Neighborhoods and Community
Affairs Committee ("NCAC") for a discussion regarding a draft ordinance to regulate
private parking lots or facilities with automated parking systems; and
WHEREAS, the NCAC held discussions and deemed that private property
owners should be required to provide notice, in the manner described herein, to the
public identifying a private parking facility as private property and not a municipal
parking facility, including penalties for non-payment and/or overtime parking; and
WHEREAS, on May 22, 2012, the NCAC held a follow-up discussion, at its
scheduled meeting, regarding the proposed amendment to the City Code and approved
the proposed amendment contained herein; and
WHEREAS, on July 18, 2012, the Mayor and Commission approved the
proposed amendments on first reading; directed the Administration to revise certain
components of the notice; and scheduled a second and final public hearing on the
matter; and
WHEREAS, the proposed amendment set forth below is necessary to
accomplish the objectives set forth above.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 106, "Traffic And Vehicles;" Article VI, "Towing And
Immobilizations;" Section 106-262, "Vehicles Parked On Private Property; Towing;" is
hereby amended by adding a new subsection (a)(5), as follows:
Section 106-262. Vehicles Parked On Private Property; Towing.
(a) A property owner may cause any vehicle parked on his property without his
permission to be removed by a business enterprise without liability for the costs of
1 of 3
442
removal, transportation or storage or damages caused by such removal, transportation
or storage, under any of the following circumstances:
(1) When the property is appurtenant to and obviously a part of a single-family
residence property;
(2) When the property is obviously not intended to be used for parking vehicles;
(3) In the case of any other property, when notice is prominently posted on the
property in compliance with F.S. § 715.07, or has been personally given to the owner or
driver of the vehicle that the area in which such vehicle is parked is reserved or is
otherwise unavailable for unauthorized vehicles; or
(4) When the vehicle has been parked in the same place without authorization for
more than 48 hours.
(5) In unattended private lots using automated payment systems, following
payment and expiration of parking fees} the property owner may remove vehicles for
nonpayment or overtime parking, only if the owner has provided notice prominently
posted on the property in compliance with the standards of F.S. §715.07, that the
propertv is private, nonpayment or overtime parking may result in the vehicle being
towed, and whether in-car meters or similar devices offered by the City of Miami Beach
are honored on the private property. AU notices shall be posted as follows:
a. At the entrance and exit of the facility;
b. On transactional parking tickets, receipts, and/or any other
standardized ticket or receipt used by patrons to make payment for use
of the facility; and
c. At the automatic payment machine or any other equipment or
machine used to accept and/or process payment for use of the facility.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
2 of 3
443
PASSED AND ADOPTED this __ day of ____ , 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Underscore denotes new language
Strikethrough denotes deleted language
MAYOR
APPROVED AS TO
ORM & LANGUAGE
.:& FOR EXECUTION
T:\AGENDA\2012\9-12-12\Private Parking Facilities Auto Payment Machines SecondPublicHearing Sept122012 ord
rev 9-5-12.doc
3 of 3
444
NE
NOTICE IS HEREBY given ·tnat second readillgS and publ!c healillgS will lie held by the Mayor
and City Commission Of the City of Miami Beach, Florida, in the Commission Chaffioors, 3rd Floor,
City Hall, uoo Convention Center OliVe, Mlaml Beach, Flornla, oo Wi!JNESDAY, September 12,
2012 to ronsidar the following: "
11:1!la.m.
Ordinance Amending The Miami Beach City Cede By Amending Chapter 2, Entitled "Administration,"
By Amending Article lit, Entitled. "Agencies, Boards And Committees," By Creating 'Division 33, to Be
Entitled "Tennis Advisory Commtttlle," And By Creating Section 2-190.148 To Create A Tennis Advisory
CQmmittee And Provisions Establlshing The Committee And !ts Purpose, Powers Am:! Duties, Composition,
And SuppOrting Department · ·
Inquiries may be directed to the Parks and Recreation Department at (304) 673-7730.
11:20 a.m.
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami j3each, By Amending Chapter 106, "Traffic And
Vehicles"; Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private
Property; Towing"; Requiring Notification Of Private Property With Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at (304) 673-7275.-
11:30 a.m.
Artificial Grass:
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By t
Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Division 2, ;I'
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To I
Establish Policies Regarding The Installation Of Synthetic Grass.
lnq~iries may be directed to the Planning Department at (304) 673-7550. . l l 11:40 a.rp. !
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The f
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing 1
Compensation Provisions For The City Manager And The Attorney: 1
Inquiries may be directed to the City Attorney's Office at (304) 673-7470. \
INTERESTED. PARTIES are invited to appear at this meeting, or be represented by an agent, or to I
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention j
1 Center Drive, 1st Floor, City Hall, Miami Beach, Florida 331'39. Copies of these ordinances are available I I for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center ! I Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such I
circumstances additional legal notice will not be provided. ·
Rafael E. Granado, City Clerk I
City of Miami Beach '
Pursuant to Section 286.o1 05, Ra. Stat., the City hereby advises the public that if a person decides to
appeal any decision made by the City Commission with respect to any matter considered at its meeting .
or 'its hearing, such person must ensure that a verbatim record of the proceedings is made,. which l
record includes the testimony and evidence upon which the appeal is to be based. This notice does not !
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant I
evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 1
To request this material in accessible format, Interpreters, information
persons \Nith disab!lities, and/or any accommodation to review any document or n;1rti~ir1~tP
proceeding, contact Uil five days in advance at (305) 673-741
call Florida Service at 711.
445
446
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending
Chapter 142, Article Ill, "Uses and Structures Permitted," to permit artificial grass, with restrictions, in
the Dune Preservation Overlay.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.):
Nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the
right amount," nearly one-third, 29.6%, indicated "too little" effort is being put forth in this area.
Issue:
Should the City Commission consider amending the Land Development Regulations of the City Code
to permit the installation of artificial grass where it is currently not permitted in Dune Preservation
Overlay area -the area between the easternmost portion of most oceanfront hotel properties which
functions as a transitional zone between the intensely developed uplands and the dune and beach.
Item Summary/Recommendation:
Second Reading -Public Hearing
As a result of significant recent advances in the development of high quality artificial grass products, in
terms of use, durability, desirability, and aesthetic appearance, the Planning Department has begun to
receive requests for the use of these products. From the public sector, requests have been received
from the Parks and Recreation Department to approve the use of artificial grass in three particular
areas, 1) on 'covered' children's playground areas, 2) on high-intensity-use football and soccer fields,
and 3) in limited small public outdoor areas, where the use and maintenance of natural grass has
become problematic.
A small number of hotels have requested to replace natural grass with artificial grass in limited areas
of high-intensity-use where natural grass cannot be sustained in a healthy condition and good
appearance without being frequently replaced, most particularly around highly active pool deck areas.
In response to these requests, the Planning Department, in close consultation with the Department of
Parks and Recreation, has developed a general policy with regard to the use of high quality artificial
grass as a replacement for natural grass for certain appropriate applications and locations in Miami
Beach. However, while this has given the opportunity for hotels to install artificial grass with either
staff or board approval, the policy specifically excludes the "Dune Preservation Overlay District," the
easternmost portion of most oceanfront hotel properties.
The Administration recommends that the City Commission adopt the proposed ordinance as
recommended by the Planning Board, which establishes policies regarding the installation of synthetic
(artificial) grass, upon second reading public hearing.
Advisory Board Recommendation:
At the January 24, 2012 meeting, the Planning Board reviewed both versions of the ordinance as requested by
the LUDC. By a vote of 5-0 (2 members absent), the Board recommended that the City Commission adopt the
more restrictive ordinance limitino the area where synthetic grass may be installed in the "Dune Overlay District."
Financial Information:
Source of Amount Account
Funds:
T:IAGENDA \2012\9-12-12\artif~eia! grass sumJ:i
I '
MIAMI BEACH
447
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Comm 'on
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SECOND READING -PUBLIC HEARING
SUBJECT: Artificial Grass
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE Ill, "OVERLAY DISTRICTS," DIVISION 2, "DUNE
PRESERVATION OVERLAY," BY AMENDING SECTION 142-774, "USES
AND STRUCTURES PERMITTED," TO ESTABLISH POLICIES REGARDING
THE INSTALLATION OF SYNTHETIC GRASS; PROVIDING FOR
REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance as
recommended by the Planning Board, which establishes policies regarding the installation of
synthetic (artificial) grass.
BACKGROUND
September 14. 2011: at the request of Commissioner Wolfson a discussion was held
regarding an amendment to the Land Development Regulations of the City's Code to
address the issue of artificial grass was referred by the City Commission to the Land
Use and Development Committee (LUDC).
September 21. 2011: the LUDC continued this item to the October 26, 2011 meeting.
October 26. 2011: By a vote of 2-0, the LUDC requested that the Planning Board review
both versions of the proposed ordinance permitting artificial grass in the Dune Overlay
District (one permitting unlimited use, and one setting a maximum of 50% of the required
landscape area and requiring setbacks from side property lines) and then bring back to
LUDC.
ANALYSIS
As a result of significant recent advances in the development of high quality artificial
grass products, in terms of use, durability, desirability, and aesthetic appearance, the
Planning Department has begun to receive requests for the use of these products.
448
Commission Memorandum
Artificial Grass
September 12, 2012 Page 2of 4
From the public sector, requests have been received from the Parks and Recreation
Department to approve the use of artificial grass in three particular areas, 1) on 'covered'
children's playground areas, 2) on high-intensity-use football and soccer fields, and 3) in
limited small public outdoor areas, where the use and maintenance of natural grass has
become problematic.
A small number of hotels have requested to replace natural grass with artificial grass in
limited areas of high-intensity-use where natural grass cannot be sustained in a healthy
condition and good appearance without being frequently replaced, most particularly
around highly active pool deck areas. In response to these requests, the Planning
Department, in close consultation with the Department of Parks and Recreation, has
developed a general policy with regard to the use of high quality artificial grass as a
replacement for natural grass for certain appropriate applications and locations in Miami
Beach (see attached).
However, while this has given the opportunity for hotels to install artificial grass with
either staff or board approval, the policy specifically excludes the "Dune Preservation
Overlay District," the easternmost portion of most oceanfront hotel properties. The Dune
Preservation Overlay District is governed by Section 142-77 4 of the City Code, which
states that these regulations "are designed to accommodate and promote recreational,
open space and related uses" and that "this area functions as a transitional zone
between the intensely developed uplands and the dune and beach. It accommodates
uses and structures which are compatible and supportive of the beachfront park system
and the natural beach environment." This has been interpreted to date by the Planning
Department as a prohibition on artificial grass within this area.
An amendment to this section of the code to liberalize that policy to permit artificial grass
in the Dune Overlay District could take the following form:
I
I i
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article Ill,
Overlay Districts, Division 2, "Dune Preservation Overlay," Section 142-774,
"Uses and Structures Permitted," is hereby amended as follows:
Sec. 142-774.-Uses and structures permitted.
Uses and structures permitted under this division shall be designed to
accommodate and channel pedestrian movement in such a manner as to protect
and enhance vegetation and the beach. No land or structure shall be used, in
whole or in part, except for one or more of the following permitted uses:
(7)
* * *
Landscaping conforming to the specifications of the beachfront park and
promenade plan. Synthetic grass shall be permitted.
Planning Department staff would recommend that rather than a complete liberalization
within the Dune Overlay District, that the amendment would be improved and address
planning concerns by the following additions.
a) Limit total area of synthetic grass to a reasonable proportion of area;
b) Limit use in side setback areas, in order to discourage group assembly activities
directly next to neighboring properties;
c) Require synthetic grass product to be fully pervious to water;
449
Commission Memorandum
Artificial Grass
September 12, 2012 Page 3of 4
d) Specify that synthetic grass is for use in high-traffic pedestrian or assembly
areas.
This could take the following form.
(7) Landscaping conforming to the specifications of the beachfront
park and promenade plan, In up to one-half of the area required
to be open to the sky and landscaped (but not in required side
yards,) synthetic grass which is fully pervious shall be permitted in
high-traffic pedestrian/assembly areas.
It should be noted that allowing artificial grass in the Dune Overlay District could facilitate
the intensification of these areas, with large open air assemblies.
PLANNING BOARD ACTION
At the January 24, 2012 meeting, the Planning Board reviewed both versions of the
ordinance as requested by the Committee. By a vote of 5-0 (Fryd & Tobin absent), the
Board recommended that the City Commission adopt the more restrictive ordinance,
which is the one that limits the area where synthetic grass may be installed in the "Dune
Overlay District."
LAND USE AND DEVELOPMENT COMMITTEE
October 26, 2011: Commissioner Wolfson introduced the item and explained the Dune
Overlay District. Commissioner Gongora expressed the feeling that artificial grass
should not be widely used, but had no objections to the matter being referred to the
Planning Board and then brought back to the Committee. Commissioner Wolfson
expressed his preference to permit artificial grass with no restrictions, but decided that
both versions of the proposal should be sent to the Planning Board. By a vote of 2-0,
the LUDC requested that the Planning Board review both versions of the proposed
ordinance permitting artificial grass in the Dune Overlay District (one permitting unlimited
use, and one setting a maximum of 50% of the required landscape area and requiring
setbacks from side property lines) and then bring back to LUDC.
At the May 16, 2012 meeting the LUDC reviewed and discussed the proposed ordinance
after the Planning Board had made its recommendation. By a vote of 3-0, it decided to
send both versions of the ordinance -with and without restrictions -to the full
Commission.
At the July 18, 2012 City Commission meeting, the Commission approved the Planning
Board recommended version of the proposed ordinance, and set a second reading
Public Hearing for September 12, 2012.
FISCAL IMPACT
In accordance with Charter section 5.02, which requires that the "City of Miami Beach
shall consider the long-term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long-term economic
450
Commission Memorandum
Artificial Grass
September 12, 2012 Page 4 of 4
impact (at least 5 years) of this proposed legislative action, and determined that there
may not be a measurable impact on the City's budget by enacting the proposed
ordinance.
CONCLUSION
The Administration recommends that the City Commission approve the proposed ordinance
as recommended by the Planning Board, which establishes policies regarding the installation
of synthetic (artificial) grass and set a second reading public hearing for the September 12,
2012 meeting.
Pursuant to Section 118-164(3) when a request to amend the land development regulations
does not change the actual list of permitted, conditional or prohibited uses in a zoning
category, the proposed ordinance may be read by title or in full on at least two separate days
and shall, at least ten days prior to adoption, be noticed once in a newspaper of general
circulation in the city. The notice of proposed enactment shall state the date, time and place
of the meeting; the title or titles of proposed ordinances; and the place or places within the
city where such proposed ordinances may be inspected by the public.
Immediately following the public hearing at the second reading, the city commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the city
commission shall be necessary in order to enact any amendment to these land development
regulations.
(2L
JMG/JGG/RGL/ML
T:\AGENDA\2012\9-12-12\artificial grass memo.docx
451
ORDINANCE NO.--------
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE Ill, "OVERLAY DISTRICTS,"
DIVISION 2, "DUNE PRESERVATION OVERLAY," BY AMENDING
SECTION 142-774, "USES AND STRUCTURES PERMITTED," TO
ESTABLISH POLICIES REGARDING THE INSTALLATION OF
SYNTHETIC GRASS; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, As a result of significant recent advances in the development of high
quality artificial grass products in terms of use, durability, desirability, and aesthetic
appearance, requests for the use of these products both from the public and private
sectors are being received; and
WHEREAS, requests to replace natural grass for synthetic grass are for use in
limited areas of high-intensity-use where natural grass cannot be sustained in a healthy
condition and good appearance without being frequently replaced, most particularly
around highly active pool deck areas; and
WHEREAS, the proposed amendments are necessary to effectuate the
replacement of natural grass with synthetic grass in the Dune Preservation Overlay.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
Section 1. That Chapter 142, "Zoning Districts and Regulations," Article Ill, Overlay
Districts, Division 2, "Dune Preservation Overlay," Section 142-774, "Uses and
Structures Permitted," is hereby amended as follows:
Section 142-774.-Uses and structures permitted.
Uses and structures permitted under this division shall be designed to accommodate
and channel pedestrian movement in such a manner as to protect and enhance
vegetation and the beach. No land or structure shall be used, in whole or in part, except
for one or more of the following permitted uses:
" " "
{7) Landscaping conforming to the specifications of the beachfront park and
promenade plan. In up to one-half of the area required to be open to the sky and
landscaped (but not in required side yards,) synthetic grass which is fully pervious shall
be permitted in high-traffic pedestrian/assembly areas.
452
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2012.
ATTEST:
CITY CLERK
First Reading:
Second Reading:
Underscore denotes new language
T:\AGENDA\2012\7-18-12\artificial grass Ord with restrictions.docx
453
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1
NOTiCE IS HEREBY given that second readlfi9S and public hearlfi9S wi!! 1m llek! by the Mayor
and City Commission fir the CitY of Miami Beach, florltla, in tna Commlsslon Chaffitmrs, 3rd Floor,
City Hall, 1700 Convemlon Center DriVe, Mlam! .Beach, Florida, oo WElltESDAY, September 12,
2012 to tonslder the fullowiflQ: ~ ·
H:i!la.m.
Ordinance Amending The Miami Beach City Code By Amending Chapter 2, Entitled "Administration,"
By Amending Article In, Entitiecf "Agencies, Boards And Committees," By Cniating.Divisioo 33, to Be
Entitled "Tennis Advisory Committee," And By Creating Section 2-190.148 To Create A Tennis Advisory
Committee And Provisions Estabilshing The CommiTtee And its Purpose, Powers And Duties, Composition,
And Supp{niing Department .
Inquiries may be directed to the Pari<s and Recreation Departmentat(304) 673-7730.
11:20 a.m.
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami .Beach, By Amending Chapter 106, "Traffic And
Vehicles"; Article VI, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private
Property; Towing"; Requiring Notification Of Private Property Wit!l Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at (304) 673-7275. ·
11:30 a.m.
Artificial Grass:
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By 1
Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Division 2, I
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To I!.
Establish Policies Regarding The Installation Of Synthetic Grass.
Inquiries may be directed to the Planning Department at (304) 673-7550. I :
11:40 a.m. I Ordinanc~ Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The ~,~
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing 1
Compensation Provisions For The City Manager And The Attorney. ·
Inquiries may be directed to the City Attorney's Office at (304) 673-7470.
INTERESTED. PARTIES are invited to appear at this meeting, or be represented by an agent, or to ~
express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention 'I
Center ~rive, 1st Floor, City Hall, Miami Beach, Florld.a 331'3~. Copies of th~se ordinances ar~ available
for public mspection durmg normal business hours In the City Clerk's Off1ce, 1700 Convent1on Center ;
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such I
circumstances additional legal notice will not be provided. 1
Rafael E. Granado, City Clerk
City of Miami Beach
t
i
Pursuant to Section 286.0105, Ra. Stat., the City hereby advises the public that if a person decides to :
appeal any decision made by the City Commission with respect to any matter considered at its meeting I
or~its hearing, such person must ensure that a verbatim record of the proceedings is made, which I
record includes the testimony and evidence upon which the appeal is to be based. This notice does not I
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant J
evidence, nor does it authorize challenges or appeals not otherwise allowed by law. :
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/{lr any accommodation to review any document or participate in any
City-sponsored proceeding, please contact us five days in advance at (305) 673-7 41111/0fce) or m
users may also call ti1e Florid~ Reiay Service at 711. ·
Ad#724
454
JOSE
OFFICE OF THE CITY ATIOINEY COMMI ION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
FROM: Jose Smith, City A~r
DATE: September 12, 20
SUBJECT: Amendments to Ordinance No. 1605, the Unclassified Employee Salary
Ordinance, Regarding Salary and Compensation Provisions for the City
Manager and City Attorney
The attached Ordinance was heard on First Reading and referred to the Finance
and Citywide Projects Committee at the July 18, 2012 City Commission meeting. The
Finance and Citywide Projects Committee has not yet considered the Ordinance on an
agenda, therefore, this item is recommended to be open and continued so that the
Committee may review the Ordinance.
JS/DT/mem
455
ORDINANCE NO.-------
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING ORDINANCE NO. 1605, THE UNCLASSIFIED
EMPLOYEES SALARY ORDINANCE OF THE CITY OF
MIAMI BEACH, FLORIDA (THE "ORDINANCE"), BY
AMENDING THE SALARY RANGES AND ESTABLISHING
COMPENSATION PROVISIONS FOR THE CITY MANAGER
AND CITY ATTORNEY; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the Mayor and City Commission wish to amend the City's
Unclassified Salary Ordinance to establish certain compensation categories for the City
Manager and City Attorney.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. That Ordinance No. 1605, the Unclassified Employees Salary
Ordinance, is hereby amended as follows:
CLASS AND PAY GRADES, SALARIES AND CLASSIFICATIONS
A. Salary Grades and Ranges
GRADE MINIMUM
26 Determined by the City
Commission
MAXIMUM
Determined by the City
Commission
Grade, Classifications and Compensation for the City Manager and City Attorney
CITY MANAGER BASE SALARY:
HEALTH, LIFE &
OTHER
INSURANCE:
1
456
$162,916.00 to $263, 126.00/yr
City pays premium for term life
insurance policy, and for
hospitalization. surgical and
comprehensive medical, dental
and vision insurance
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
26 CITY ATTORNEY BASE SALARYJRANGE
GRADE
SECTION 2. REPEALER.
DEFERRED
COMPENSATION:
HEALTH. LIFE &
OTHER
INSURANCE:
PROFESSIONAL
DEVELOPMENT:
OTHER BENEFITS:
MINIMUM
* * *
Dues and subscriptions as
reasonably necessary
Vacation, sick leave, holidays,
planning days and similar
fringe benefits as other
unclassified city
employees
$162,916.00 to $263,126.00Jyr
As allowed by I.R.S.
City pays premium for term life
insurance policy and for
hospitalization, surgical and
comprehensive medical, dental
and vision insurance
Dues and subscriptions as
reasonably necessary
Vacation, sick leave, holidays,
planning days and similar
fringe benefits as other
unclassified city employees
MAXIMUM
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
2
457
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may
be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the ____ day of ______ , 2012.
PASSED and ADOPTED this __ day of---------' 2012.
ATTEST:
Rafael Granado, City Clerk
Matti Herrera Bower, Mayor
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION
F:\A TTO\SMIJ\ORDINANCES\SALARY ORDINANCE CITY MANAGER-CITY ATTORNEYversion2.docx
3
458
ttOi!CE !S HEREBY given mat second readings and ;mhlJc hearings wl!l be held by me Mayor
and City Commission Of me City of Miami Beach, Florida, In 1M Comm!Ssioo Cnambers, 3rd Floor,
City Hall, 1700 Convention Center Drive, Miami Beach, FIOOda. on ~.NESDAY, September 12,
2012 to consider me following: -
11:10 a.m,
Ordinance Amending The Miami Beach CirJ Code By Amending Chapter 2, Entitled "Administration,"
By Amending Article II!, Entitie\:f "Agencies, Boards And Commhtees," By Creating .Division 33, To Be
Entitled uTennis Advisory Committee," And By Creating Section 2-190.148 To Create A Tennis Advisory
Committee And Provisions Establishing The Committee And !ts Purpose, Powers And Duties, Composition,
And Supporting Department. · · ·
Inquiries may be directed to the ParKs and Recreation Department at (304)673-7730.
H:20e.m.
Private Parking Facilities With Automated Payment Machines
Ordinance Amending The Code Of The City Of Miami ~each, By Amending Chapter 106, "Traffic And
~ Vehicles"; Article Vl, "Towing And Immobilizations"; Section 262(a)(5), "Vehicles Parked On Private
Property; Towing"; Requiring Notification Of Private Property With Automated Payment Machine Use.
Inquiries may be directed to the Parking Department at (304) 673-7275. ·
11:30 a.m.
Artificial Grass:
Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By 1
Amending Chapter 142, "Zoning Districts And Regulations," Article Ill, "Overlay Districts," Division 2, !
"Dune Preservation Overlay," By Amending Section 142-774, "Uses And Structures Permitted," To J
Esta,blish Policies Regarding Th.e Installation Of Synthetic Grass. 1
Inquiries may be directed to the Planning Department at (304) 673-7550. !
11:40 a.!Jl. _ I
Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance Of The :r
City Of Miami Beach, Florida (The "Ordinance"), By Amending The Salary Ranges and Establishing ,
Compensation Provisions For The City Manager And The Attorney. !
. I
Inquiries may be directed to the City Attorney's Office at (304) 673-7 4 70. \
INTERESTED. PARTIES are invited to appear at this meeting, or be represented by an agent, or to I
express their views in writing addressed to the City Commission, c/o the Clty Clerk, 1700 Convention i
Center Drive, 1st Floor, City Hall, Miami Beach, Florida 331'39. Copies of these ordinances are available I
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center I
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such l
circumstances additional legal notice will not be provided. · ·
Rafael E. Granado, City Clerk ~
City of Miami Beach l
Pursuant to Section 286.0105, Ra. Stat., the City hereby advises the public that if a person decides to
appeal any decision made by the City Commission with respect to any matteF considered at !ts meeting 1
or "its hearing, such person must ensure that a verbatim record of the proceedings is made, which I
record includes the testimony and evidence upon which the appeal is to be based. This notice does not l
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant !
evidence, nor does it authorize challenges or appeals not otherwise allowed by law. !
To request this material in accessible format, sign language interpreters, information on access for
persons with disabilities, and/{)r any accommodation to review any document or participate in any
City-sponsored proc.eeding, please contact us five days in advance at (305) 673-7411~'1tilce) or m
users may also call tile Florida Reiay Service at 711. -
Ad#724 •
459
THIS PAGE INTENTIONALLY LEFT BLANK
460
R5 -Ordinances
R5G Ordinances Modifying The Building, Fire, Planning And Public Works
Departments Fees Related To The Building Development Process Implemented
On February 1, 2010.
1. An Ordinance Amending Section 14-61 "Permit Fees", Section 14-62
"Building Permits", And That Portion Of Appendix A Of The City's Code
Of Ordinances By Modifying Inspection Fees For Building, Plumbing,
Electrical, And Mechanical Work, And For Other Building Department
Activities; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading
2. An Ordinance Amending Section 50-3 "Plans Examination, Inspections,
Permits" And That Portion Of Appendix A Of The City's Code Of
Ordinances By Modifying Inspection Fees For Building, Plumbing,
Electrical, And Mechanical Work, And For Other Fire Department
Activities; Providing For Repealer, Severability, Codification, And An
Effective Date. First Reading
3. An Ordinance Amending Section 15-32 "Fees", 15-40 "Refunds", 15-42
"Adjusted Rates" And That Portion Of Appendix A Of The City's Code Of
Ordinances By Modifying Zoning Fees For Building, Plumbing, Electrical,
And Mechanical Work, And For Other Planning Department Activities;
Providing For Repealer, Severability, Codification, And An Effective Date.
First Reading
4. An Ordinance Amending Section 98-92 "Permit Fees", Section 98-94
"Refunds", And That Portion Of Appendix A Of The City's Code Of
Ordinances By Modifying Inspection Fees For Building, Plumbing,
Electrical, And Mechanical Work, And For Other Public Works
Department Activities; Providing For Repealer, Severability, Codification,
And An Effective Date. First Reading
(Requested by Finance & Citywide Projects Committee)
(Legislative Tracking: Building Department)
(Item submitted in a separate "Budget Related Items" book)
461
THIS PAGE INTENTIONALLY LEFT BLANK
462
Condensed Title:
An Ordinance Of The Mayor And City Commlssion Of The City Of Miami Beach, Florida, Amending The
Miami Beach City Code By Amending Chapter 90, Entitled "Solid Waste," By Amending Article IV, Entitled
"Private Waste Contractors," By Amending Division 3, Entitled "Franchise; By Amending Section 90-230
Entitled "Term Of Franchise Agreements; Initial Term; Renewal Term,« To Provlde That Prior To The
Expiration Of The Initial Term Of A Franchise Agreement, The City Commission May Agree To Amend
The Renewal Term Of An Existing Franchise Agreement, Under Certain Circumstances, For Up To An
Additional Three Year Renewal Term; And Providing For Repealer, Severability, Codification, And An
Effective Date.
orted:
entia! service of solid waste removal to City residents and businesses.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue: ~~~----~~~~~--~~------~~~~------~--~--~~~~--~--~ II the Mayor and the City Commission approve the Ordinance amendment on first reading and
ule a second readin ublic hearin
Item Summary/Recommendation:
At the May 9, 2012 Commission Meeting, the City Administration recommended that the City Commission
evaluate the additional public benefits and/or contributions proposed by the existing three (3) solid waste
franchise contractors, and the conditions for receipt of such benefits, and determine an acceptable course
of action.
Per Resolution No. 2012-27904, the City Commission approved not proceed to issue the RFQ for the
fourth solid waste franchise contractor, and agree to maintain the number of franchise contractors at three
(3), to accept exercising the renewal of the existing contract for one-year only to expire September 30,
2015. In consideration thereof, the solid waste franchise contractors agreed to provide $390,000 per year
starting immediately, plus $25,000 dedicated for environmental programs (ECOMB) through the life of the
extension, in addition to what is already being contributed.
The exisiting agreements have an initial five (5) year term that expires on September 30, 2014. The
action taken was to extend the contract an additional year prior to the expiration of the contract. In order
for the City to exercise an early renewal of the franchise agreements, the City Commission would also
have to amend Section 90-230 of the City Code, which currently only allows for the renewal of a franchise
agreement upon expiration of the initial term.
Additionally, the additional public benefits and other considerations in the "best and final" offers would
require an amendment to the existing Service Agreement between the City and the franchise contractors.
THE CITY ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE AMENDMENT ON
FIRST READING AND SCHEDULE A SECOND READING PUBLIC HEARING.
Adviso Board Recommendation:
Financial Information:
Amount
MIAMI BEACH
Account
463
Approv
AGENDA ITEM f?S" H
DATE 9-/2~/l
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachll.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Co
FROM: Kathie G. Brooks, Acting City Manager
DATE: September 12, 2012
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY
AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY AMENDING
DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION 90·230
ENTITLED ''TERM OF FRANCHISE AGREEMENTS; INITIAL TERM; RENEWAL
TERM," TO PROVIDE THAT PRIOR TO THE EXPIRATION OF THE INITIAL
TERM OF A FRANCHISE AGREEMENT, THE CITY COMMISSION MAY AGREE
TO AMEND THE RENEWAL TERM OF AN EXISTING FRANCHISE
AGREEMENT, UNDER CERTAIN CIRCUMSTANCES, FOR UP TO AN
ADDITIONAL THREE YEAR RENEWAL TERM; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The City Administration recommends approving the Ordinance amendment on first reading and
schedule a second reading public hearing.
BACKGROUND
The City currently has three (3) contracts for solid waste/recycling collection and disposal with
Waste Management of Dade County, Waste Services, Inc., and Choice Environmental Services
of Miami which all expire September 30, 2014. The existing contractors provide in-kind and
cash benefits to the City in the amount of $1,618,750 over a five (5) year period, or $323,750
per year.
At the July 13, 2011 Commission Meeting, the City Administration requested approval to issue a
Request For Qualifications (RFQ) for a fourth solid waste franchise contractor to provide
residential and commercial solid waste collection and disposal services. This request was made
after one of the existing four (4) solid waste franchise contractors, General Hauling Services,
Inc., was acquired by Waste Services, Inc., leaving the City with three (3) solid waste franchise
contractors. The Commission referred the item to the Finance and Citywide Projects Committee
(F&CWPC).
At the January 19, 2012 F&CWPC meeting, following discussion on whether to issue the RFQ,
464
September 12, 2012
City Commission Memorandum
Waste Hauler Franchise Agreement
Page 2 of 2
the Committee recommended that it be brought back to the Committee at the same time as the
City's proposed Recycling Ordinance. The three existing franchise contractors have requested
that an RFQ not be issued.
The item was discussed again at the April 19, 2012 F&CWPC meeting, and the
recommendation was to bring the discussion to the full City Commission to determine whether
or not to issue the RFQ or accept additional public benefits from the contractors in exchange for
keeping it to the three (3) existing contractors.
At the May 9, 2012 Commission Meeting, Resolution No. 2012-27904 was adopted as
amended. A motion was made "to accept exercising the renewal/extension option for one-year
only until September 2015, in consideration that the firms will provide $390,000 per year starting
immediately, plus $25,000 dedicated for environmental programs (ECOMB) through the life of
this extension, in addition to what is already being contributed."
It was noted that, in order for the City to exercise an early renewal of the franchise agreements,
the City Commission would also have to amend Section 90-230(b) of the City Code, which
currently only allows for the renewal of a franchise agreement upon expiration of the initial term.
ANALYSIS
After reviewing the existing ordinance regarding extending contracts for the solid waste
franchise contractors, it was determined that the ordinance needed to be amended to effectuate
the vote taken by the City Commission.
CONCLUSION
The City Administration recommends approving the Ordinance amendment on first reading and
schedule a second reading public hearing.
JGG/FHB/JJF
T:\AGENDA\2012\9-12-12\Waste Hauler Franchise Agreement. MEMO.docx
465
ORDINANCE NO. -----
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY
AMENDING CHAPTER 90, ENTITLED "SOLID WASTE," BY AMENDING
ARTICLE IV, ENTITLED "PRIVATE WASTE CONTRACTORS," BY
AMENDING DIVISION 3, ENTITLED "FRANCHISE," BY AMENDING SECTION
90-230 ENTITLED "TERM OF FRANCHISE AGREEMENTS; INITIAL TERM;
RENEWAL TERM," TO PROVIDE THAT PRIOR TO THE EXPIRATION OF
THE INITIAL TERM OF A FRANCHISE AGREEMENT, THE CITY
COMMISSION MAY AGREE TO RENEW THE TERM OF AN EXISTING
FRANCHISE AGREEMENT, FOR UP TO AN ADDITIONAL THREE YEAR (3)
RENEWAL TERM; AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION 1.
That Chapter 90, Article IV, Division 3, Section 90-230 of the Miami Beach City Code is
hereby amended as follows:
Chapter 90.
SOLID WASTE
* * *
Article IV. PRIVATE WASTE CONTRACTORS
* * *
Division 3. Franchise
* * *
Sec. 90-230 Term of franchise agreements; initial term; renewal term
(a) Effective May 1, 2010, franchise agreements shall have an initial term of five years. As to
those certain franchise agreements between the city and franchise waste contractors in effect as of
May 1, 2010, but having an initial three-year term which commenced on October 1, 2009, said initial
term shall be extended from three to five years (with the five-year term commencing retroactively as
of October 1, 2009).
466
(b) At Prior to the expiration of the initial term of a franchise agreement,--Gf earlier revocation of
the franchise, the city commission may choose, in its sole discretion, to accept applications for new
franchise waste contractors, or, in the alternative, to renew an existing franchise agreement for up to
an additional three-year renewal term.
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article" or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutionality of the
remaining portions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the day of , 2012.
PASSED and ADOPTED this day of , 2012.
ATTEST:
MATTI HERRERA BOWER, MAYOR
RAFAEL E. GRANADO, CITY CLERK
12.doc
467
THIS PAGE INTENTIONALLY LEFT BLANK
468
R7
RESOLUTIONS
R7 -Resolutions
R7 A 1 A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 6.1122 Mills For
General Operating Purposes, Which Is Eight And Eight-Tenths Percent (8.8%)
More Than The "Rolled-Back" Rate Of 5.6184 Mills; And 2) The Debt Service
Millage Rate Of 0.2568 Mills; Further Setting The Second Public Hearing To
Consider The Millage Rate For Fiscal Year (FY) 2012/13, On Thursday,
September 27, 2012 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
Agenda Item. _ _:_. __ _
Date
469
THIS PAGE INTENTIONALLY LEFT BLANK
470
R7-Resolutions
R7 A2 A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service,
RDA Ad Valorem Taxes, Enterprise, And Internal Service Funds For Fiscal Year
2012/13 Subject To A Second Public Hearing Scheduled On Thursday,
September 27, 2012 At 5:01 p.m. 5:01 p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
471
472
R7-Resolutions
R7B 1 A Resolution Of The Board Of Directors Of The Normandy Shores Local
Government Neighborhood Improvement District Adopting The Tentative Ad
Valorem Millage Of 1.1444 Mills For Fiscal Year (FY) 2012/13 For The Normandy
Shores Local Government District, Which Is Thirteen And Seven-Tenth Percent
(13.7%) More Than The "Rolled-Back" Rate Of 1.0063 Mills, Subject To A
Second Public Hearing Scheduled On Thursday, September 27, 2012 At 5:02
p.m. 5:02 p.m. First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
Date
473
THIS PAGE INTENTIONALLY LEFT BLANK
474
R7 -Resolutions
R7B2 A Resolution Of The Board Of Directors Of The Normandy Shores Local
Government Neighborhood Improvement District Adopting The Tentative
Operating Budget For Fiscal Year (FY) 2012/13 Subject To A Second Public
Hearing Scheduled On Thursday, September 27, 2012 At 5:02 p.m. 5:02 p.m.
First Reading Public Hearing
(Office of Budget & Performance Improvement)
(Item submitted in a separate "Budget Related Items" book)
475
Agenda ltem_Ru.........<-7=-8_2_
Date ?,.!z· /2.. _ _.;......;..__,;.. ____
TH LAN
476
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Granting
An Easement To Collins 3300, LLC And 3420 Collins Avenue, LLC, Owners Of The Properties
Located At 3301 Indian Creek Drive, 3400 Collins Avenue And 3420 Collins Avenue, Following A Duly
Noticed Public Hearing, For A Proposed Subsurface Parking Garage, That Spans The Entire Width Of
The 50-Foot Public Right-Of-Way Of 34th Street For A Length Of Approximately 93 Feet, Pursuant To
The Procedures And Standards Recommended By The Land Use And Development Committee, And
Finance And Citywide Projects Committee.
orted:
ing Data (Surveys, Environmental Scan, etc.): N/A
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
Collins 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) wish to construct a hotel with
accessory assembly space, a parking garage, and retail and restaurant uses. They propose to
connect the Properties and provide for required parking with a subsurface parking garage beneath
34th Street. The parking garage is proposed to be 12 feet 10 inches below ground-level with a width of
50 feet and a length of approximately 93 feet. At the Historic Preservation Board meeting, the
Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties.
The item was referred to the Land Use Committee and the Finance and Citywide Projects Committee
for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that an
easement was the more appropriate instrument for allowing a subterranean parking facility across City
right-of-way, that the value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants, and that the Commission should set a public hearing to consider
granting the easement. At the June 28, Finance and Citywide Projects Committee, it was
recommended to use the fee simple methodology for valuation of this easement with flexibility to
adjust the valuation when appropriate, based on recommendations from the City appraiser.
At the July 18, 2012 City Commission meeting, pursuant to Reso No. 2012-27948, the Commission
set a public hearing for the September 12, 2012 Commission meeting.
Staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section
82-38 of the City Code for the proposed sale or lease of City property. The City has determined that
the criteria are satisfied; however, terms of the easement agreement are not yet finalized.
THE ADMINISTRATION RECOMMENDS THAT THIS ITEM BE OPENED AND CONTINUED.
Financial Information:
Source of
Funds:
Amount
OBPI
Assistant C
JGG
MIAMI BEACH
477
Account Approve
AGENDA ITEM
DATE ____::..........:...;;__~'-
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO; Mayor Matti Herrera Bower and Members of the City Com ion
PUBLIC HEARING
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING AN EASEMENT TO COLLINS 3300, LLC
AND 3420 COLLINS AVENUE, LLC, OWNERS OF THE PROPERTIES LOCATED
AT 3301 INDIAN CREEK DRIVE, 3400 COLLINS AVENUE AND 3420 COLLINS
AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING, FOR A PROPOSED
SUBSURFACE PARKING GARAGE, THAT SPANS THE ENTIRE WIDTH OF THE
50-FOOT PUBLIC RIGHT-OF-WAY OF 34TH STREET FOR A LENGTH OF
APPROXIMATELY 93 FEET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that this item be opened and continued.
BACKGROUND
Collins 3300, LLC And 3420 Collins Avenue, LLC, (Applicants) are owners of the properties
located at 3301 Indian Creek Drive, 3400 Collins Avenue and 3420 Collins Avenue (collectively,
the Properties). The properties are located in the Collins Waterfront Historic District and
presently a vacant parcel, an existing 3-story hotel, and a vacant parcel, respectively.
The Applicants wish to construct a 5-story hotel with an accessory assembly space on the
vacant parcel at 3301 Indian Creek Drive, renovate the 3-story hotel at 3400 Collins Avenue,
and construct a 6-story parking garage with accessory retail and restaurant uses on the vacant
parcel at 3420 Collins Avenue. They propose to connect the Properties and provide for required
parking with a subsurface parking facility beneath 341h Street. The subsurface parking facility is
proposed to be 12 feet 10 inches below ground-level with a width of 50 feet and a length of
approximately 93 feet. At the Historic Preservation Board meeting on February 14, 2012, the
Applicants received approval (pursuant to HPB Order No. 7299) to redevelop the Properties.
This proposed subsurface parking garage was then referred to the Land Use Committee and
the Finance and Citywide Projects Committee for policy direction. At the June 13, 2012 Land
Use Committee meeting, it was determined that:
1. An easement was the more appropriate instrument for allowing a subsurface parking
facility across City right-of-way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
478
City Commission Memorandum-3400 Collins Avenue Subterranean Easement
September 12, 2012
Page 2of3
At the June 28, 2012 Finance and Citywide Projects Committee, it was recommended to use the
fee simple methodology for valuation of this easement with flexibility to adjust the valuation
when appropriate, based on recommendations from the City appraiser. An appraisal prepared
by Waronker & Rosen, Inc. on June 27, 2012, estimates the value of the easement to be
$1,250,000.
At the July 18, 2012 City Commission meeting, pursuant to Reso No. 2012-27948, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
ANALYSIS
There is no section of the City Code that provides guidance on the appropriateness of granting
an easement. Therefore, staff has reviewed the appropriateness of the facility pursuant to the
criteria established under Section 82-38 of the City Code for the proposed sale or lease of City
property as it has done for the proposed aerial easement across Ocean Court for the Tides
Hotel. Those criteria are:
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Satisfied -The property is located within the RM-2 Multifamily Residential Medium
Intensity future land use category, and surrounded by this and the RM-3 Multifamily
Residential High Intensity future land use category. The proposed use is underground
parking garage use for the adjacent hotel facilities. The proposed use of the adjacent
properties as hotel facilities is consistent with the future land use category description
contained in the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on
the proposed use of the property, the city shall determine the potential impact of the
project on city utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
Satisfied -The property in question is surrounded on both the north and south by the
proposed hotel development, and the property to the east, across Collins Avenue, is
under the same ownership and approved for hotel and condominium use. There would
be no diminution of open space is being proposed. No additional utility or infrastructure
is expected to be necessary. A traffic study was prepared as part of the development
review approval process, which indicated that the proposal would not degrade the level
of service of the surrounding roadway network below acceptable levels.
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base, creating
jobs, creating a significant revenue stream, and improving the community's overall
quality of life.
479
City Commission Memorandum-3400 Collins Avenue Subterranean Easement
September 12, 2012
Page 3of3
Satisfied -The proposal is associated with an important new hotel development of
particular architectural distinction. This portion of the Collins Avenue corridor has not
developed as rapidly as areas of the City further south, and the proposed new hotel
developments in this corridor are generally seen as positive for the city's economic and
tourism development. The proposed hotel development is expected to provide a
significant number of jobs, and to provide additional property tax and resort tax revenues
to the City.
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views or create environmental intrusions, and evaluation of the
design and aesthetic considerations of the project.
Satisfied -The proposed easement is entirely underground, and should not create any
visual or environmental impacts on the surrounding neighborhood.
5. The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs.
Satisfied -There should not be any adverse impacts to adjacent properties other than
those owned by the Applicants.
6. Such other issues as the city manager or his authorized designee, who shall be the city's
planning director, may deem appropriate in analysis of the proposed disposition.
Not applicable -The Planning Department has no other issues it deems appropriate to
analyze for this proposal.
The Administration's analysis above shows that the above criteria established under Section 82-
38 of the City Code is satisfied.
The Administration and Applicants are negotiating an easement agreement (Attachment) that
provides for the term discussed in the Land Use and Development Committee and the Finance
and Citywide Projects Committee; however, terms of the easement agreement are not yet finalized.
CONCLUSION
The Administration recommends that this item be opened and continued.
KGB/JGG/FHB/JJ
T:\AGENDA\2012\9-12-12 Permits and Easements\3300 Collins Subterranean Easement -Memo.doc
480
18NIE I THURSDAY, AUGUST 23, 2012 NE
MIAMI H
NOTICE IS HEREBY given that.a public hearing will be held by the Crty Commission of the City of Miami Beach, in the Commission
Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, 12, 2012 at 10:55 A.M.,
To Consider Graflting An Aerial Easement Agreement With CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG
Tides Village II, LLC, As The Owners Of The Properties Located At i 220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For
A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20-Foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1" With
A Minimum Verti_cal Height Of 16 Feet Above Ocean Court.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are Invited to awear at this meeting, or be represented by an agent, or tn express the!r views in writing addressed to
the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, Ctty Hall, Miami Beach, florida 33139. Copies of this item are
available for public inspection dur!ny normal business hours in the City Clerk'SOOl!::e. 1700 convention Center Drive, 1st Floor, City Hall, Miami
Beacn, Florida 33139. This meetiny may be continued, and under such circumstances additional legal notice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Section 28Et0105, Fla. Stat, the City hereby advlses the public that:· if a person decides to appeal any dqcision made by the
City Commission with respect to any matter considered at !fs meeting or its hearing, such person mtl$t ensure ihet a verbatlm record ol
the proceedings IS made, whiCh record lnclude!.l the testimony and evidence upon which the appeal is to oo llaserL Tills notice does not
constitute consent lly the Clty for the Introduction or adm!ss!on of otherwise inadmissible or irrelevant e\'llience, nor does It aulhortz<~
challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or
any accommodation to review any document or participate in any City-sponsored proceeding, please contact us· five days in advance·
at (305) 673-7 411 (voice) or m users may also call the Florida Relay Service at 711.
Ad#729
MIAMIB·EACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
. NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers,
3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Aorlda, on Wedlle$day, september 12. 2012 at i£l:45 A.M., To Consider
Granting An Easement To Collins 3300, LLC And 3420 Col\ins Avenue, LLC, Owners Of The Pmpert!es Located At 3301 Indian Creek Drive,
3400 Collins Avenue And 3420 Collins Avenue, For A SubSUrface Parklnq Garage, That Spans Tim En!lre Width Of The 50-Foot
Public Right-Of-Way Of 34th Street For A Umgth Of Approximately 93 Ffit Pursuant To The Procedures And Stanuanls Recommended By
The land Use And Development Committe!'!, And Finance And Citywide Projects Committee.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
lNTERESiED PAAUES am invited to appear at this meeting, or be represented by an agent, or to express their vlews ln writing addressed to
the City <:ommlssion, t!o 1tle City Clerk, 17UO Genventlon Center Drive, 1st Flpor, City Hal!, Miami Beach, Florlda 33139. Copies of this Item are
available for publtc i~on during nonmal business hOurs in the City Clerk's OffiCe, i 700 Convention center Or!ve, 1st Floor, City Halt, Miami
Beach, FlOrida 33139, Tills meeting may oo oorrtmuoo, and under such circumstances additional legal notice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
Pursuant to Sectloo 28iSJliG5, Fla. Stat., the Clty hereby advises the publlc lhat it a person tlecloos tn awea! any dec!slon made by the
City Commission wllh respect to any matter oonsillered at Its meeting or itS hearing, such j'ltl!'SOn mtl$t ensure tllet a verbatim record of the
proceerl!nqs 1\l made, V<'hlch record lndooes the testimooy and evidence upon which the appeal is to be baood. This notice does not constitute
consent by the City fur the introduction ur ailmtsslon of otherwise inadmissible or irrelevant ev!dance, nor doe$ lt allt'hOrlze challenges or
appeals not otherwise allowed by law.
To request tilts material in accesslb1e tormat, sign language interpreters, information on access for persons with disabilities, and/or
any accom!TlOOal!On to review any oocument or participate in any City-sponsored proceeding, please contact us five days in advance
at (305) 673.-7411{volce) of m usere may also call the Florida Relay Service at 711.
M#728
1...------------~~··~
481
NTI
482
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Granting A
Revocable Permit To Seville Acquisition, Lie, As The Owner Of The Property Located At 2901 Collins
Avenue, Following A Duly Noticed Public Hearing, To Allow For Decorative Concrete Eyebrows To
Extend 3 Feet Into And 35.45 Feet Along The Public Right-Of-Way On 29th Street And To Extend 3
Feet Into And 354 Feet Along The Pub!ic Right-Of-Way On 30th Street.
Ke Intended Outcome Su rted:
Maintain Miami Beach public areas and Rights-of-Way Citywide
Supporting Data {Surveys, Environmental Scan, etc.): N/A
Issue:
1 Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
PUBLIC HEARING
The project plans approved by the Historic Preservation Board, at its regular meetings on May 10,
2011 and June 14, 2011 (pursuant to HPB File No.7249) included the restoration of the existing
"eyebrow" extending horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-
way and the reconstru<;tion and extension of the existing "eyebrow" extending horizontally 3 feet into
and 354 feet along the 30th Street public right-of-way.
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a
revocable permit for the construction and maintenance of the aforestated "eyebrows."
Per City Code Section 82-93, following submittal of the application for a Revocable Permit to the
Public Works Department, the City Administration shall review the request and prepare a
recommendation, and the City Commission should set a public hearing for consideration of the
proposed revocable permit.
At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a
public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the
application and finds that it satisfies the criteria of section 82-94 of the City Code established for
granting revocable permits.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial Information:
Source of Amount
Funds: p
4
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
MIAMI BEACH
Assistant Cit
JGG
483
Account Appr~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the Ci
Kathie G. Brooks, Interim City Manag~
September 12,2012 /
Commission
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO SEVILLE ACQUISITION,
LLC, AS THE OWNER OF THE PROPERTY LOCATED AT 2901 COLLINS AVENUE,
FOLLOWING A DULY NOTICED PUBLIC HEARING, TO ALLOW FOR DECORATIVE
CONCRETE EYEBROWS TO EXTEND 3 FEET INTO AND 35.45 FEET ALONG THE
PUBLIC RIGHT-OF-WAY ON 29TH STREET AND TO EXTEND 3 FEET INTO AND 354
FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 30TH STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the resolution granting the
revocable permit.
BACKGROUND
On May 10, 2011, the Historic Preservation Board (HPB) approved the substantial renovation and
restoration of the existing Seville Hotel located at 2901 Collins (Property). On June 14, 2011, the
HPB approved the site plan and landscaping for the Property. The approval included:
1. The demolition of the existing 2-story cabana wing at the southeast corner of the site
and its replacement with a new 5-story structure.
2. The demolition of the northwest corner of the existing Seville pedestal to construct a
new 18-story structure for additional hotel rooms and condominium units.
3. The substantial demolition and reconfiguration of the entire north pedestal portion of
the building for new uses, including parking, a ballroom, a nightclub, and an ice rink.
4. The reconfiguration of the majority of the site at the rear of the property with the
exception of the original pool, diving platform, and outdoor pavilion, which will be
retained.
The project plans approved by the HPB, at its regular meetings on May 10, 2011 and June 14, 2011
(pursuant to HPB File No. 7249) included the restoration of the existing "eyebrow" extending
horizontally 3 feet into and 35.45 feet radially along the 29th Street public right-of-way and the
reconstruction and extension of the existing "eyebrow" extending horizontally 3 feet into and 354 feet
along the 30th Street public right-of-way (Attachments A and B).
As a result, Seville Acquisition, LLC (Applicant), as the owner of the Property, has requested a
revocable permit for the construction and maintenance of the aforestated "eyebrows." Per City Code
Section 82-93, following submittal of the application for a Revocable Permit to the Public Works
Department, the City Administration shall review the request and prepare a recommendation, and
484
City Commission Memorandum-2901 Col/ins Avenue Revocable Permit
September 12, 2012
Page 2 of3
the City Commission should set a public hearing for consideration of the proposed revocable permit.
At the July 18, 2012 meeting, the City Commission passed Resolution No. 2012-27949, setting a
public hearing at its September 12, 2012 meeting. The Public Works Department has reviewed the
application and finds that it satisfies the criteria of section 82-94 of the City Code established for
granting revocable permits.
ANALYSIS
Pursuant to the criteria established under Section 82-94 of the City Code for the granting/denying of
revocable permits, the City has concluded the following:
1) That the Applicant's need is substantially satisfied.
Satisfied. The Applicant's need has been established by the adopted and City approved design.
2) That the Applicant holds title to an abutting property.
Satisfied. The Applicant is the Fee Simple Owner of the property located at 2901 Collins
Avenue.
3) That the proposed improvements comply with Applicable codes, ordinances, regulations, and
neighborhood plans and laws.
Satisfied. The Applicant has complied with all the regulatory requirements for design criteria.
4) That the grant of such application will have no adverse effect on government/utility easements
and uses of the property.
Satisfied. The architectural encroachments do not create a conflict with existing government
utilities and/or easements.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of a reasonable use of
the land, structure or building for which the Revocable Permit is sought arising out of
special circumstances and conditions that exist, and were not self-created and are
peculiar to the land, structures or buildings in the same zoning district and the grant of
the application is the minimum that will allow reasonable use of the land, structure or
building.
b. That the grant of the revocable permit will enhance the neighborhood and/or community
by such amenities as, for example: enhanced landscaping, improved drainage, improved
lighting and improved security.
Satisfied. Granting this permit may be considered a neighborhood-enhancing amenity,
since the "eyebrows" provide pedestrian and bicyclists with shade and protection from
rain.
485
City Commission Memorandum-2901 Collins Avenue Revocable Permit
September 12, 2012
Page 3 of3
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owners of land, structures or building subjected to similar
conditions.
Satisfied. Granting this permit will not provide special privileges to the applicant; any other
property owner may also apply for a Revocable Permit provided they meet the applicable
criteria, do not interfere with the safe utilization of any public ROW, and provide a neighborhood
amenity such as pedestrian shade.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to surrounding
properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The proposed eyebrows will not have an impact on surrounding properties, will not
devalue any adjacent properties, and will not have a detrimental effect to the public welfare.
The Administration's analysis above shows that the above criteria established under Section 82-94
of the City Code are satisfied. This application is also supported by the fact that the eyebrows are
part of the design that was approved by the HPB. The HPB considered the eyebrows to be part of
the best design solution for this project.
CONCLUSION
The Administration recommends that the City Commission adopt the attached resolution to approve
the revocable permit.
Attachments:
A. Sketch of encroachment on 29th Street
B. Sketch of encroachment on 30th Street
T:IAGENDA\201219-12-12\Revocable Permits and Easements\2901 Collins Avenue Revocable Permit-Memo. doc
486
Attachment A
487
BLOCK11
LOT1
' \
\ ~Yil/11 ~®17~ ~0 .CilY or Mr>UI
• \ UrACH, O.ll-9, G:i$4, PAGE: W,
\
I·
I
t.~------·-w*-1 I
)....___P./'11, SO' IW>IVS OfltlE, I P.o. 5, PC. 7 " a, o.c.R.
Attachment B
>!
I
"'" ~
H.! g
"'' ~ ...
LOCATION
SCIAI..E:: 1"=200'
. IN SE:OTION 26, TOWNSHIP 53 S., RANGE 42 E:.
CITY OF MIAMI BIIACH, MIAMI-DADE: COUNTY, f'"I..ORIDA
SUBJECT
EASEMENT
488
NOTES:
1. ltlellJbjo<lpoi<O!Ioolnlno<:lloMis.clcn2S,T""""JOp53
8<>0111, Rl"'l" 42 EM~. Cllj o/---~.
Co•liy,Fl<fl:l&.
2. Thlilsn<itUIIM1oiOIIII'Oit<lollam1.
3. Roll< Ill llloel 1 ol 2 fa' log~ l!nalplbl IIVl !i<I<IIMII
"""'·
RESOLUTION NO.----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, GRANTING A REVOCABLE PERMIT TO SEVILLE
ACQUISITION, LLC, AS THE OWNER OF THE PROPERTY LOCATED AT
2901 COLLINS AVENUE, FOLLOWING A DULY NOTICED PUBLIC HEARING,
TO ALLOW FOR DECORATIVE CONCRETE EYEBROWS TO EXTEND 3
FEET INTO AND 35.45 FEET ALONG THE PUBLIC RIGHT-OF-WAY ON 29TH
STREET AND TO EXTEND 3 FEET INTO AND 354 FEET ALONG THE
PUBLIC RIGHT-OF-WAY ON 30TH STREET.
WHEREAS, Seville Acquisition, LLC (the Applicant) is the owner of the hotel property
located at 2901 Collins Avenue (the Property); and
WHEREAS, the Applicant is proposing to substantially renovate and restore the existing
Seville Hotel on the Property; and
WHEREAS, the project plan approved by the Historic Preservation Board (HPB) at its
regular meetings on May 10, 2011 and June 14, 2011, respectively (pursuant to HPB File
No.7249), approved the Project with concrete eyebrows extending into the 29th Street and 30th
Street right-of-ways; and
WHEREAS, on 29th Street, the proposed eyebrow extends horizontally 3 feet into and
35.45 feet along the public right-of-way; and
WHEREAS, on 30th Street, the proposed eyebrow extends horizontally 3 feet into and
354 feet along the public right-of-way; and
WHEREAS, the Applicant is requesting a revocable permit from the City to construct and
maintain the encroachment on and over the public right-of-way; and
WHEREAS, at its July 18, 2012 meeting, the City Commission approved Resolution No,
2012-27949, setting a public hearing to consider this request; and
WHEREAS, the Public , Works Department is in receipt of Applicant's completed
application, and finds that it meets the criteria established for granting a revocable permit
pursuant to Section 82-94 of the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby grant
a revocable permit to Seville Acquisition, LLC, as the owner of the property located at 2901
Collins Avenue, following a duly noticed Public Hearing, to allow for decorative concrete
eyebrows to extend 3 feet into and 35.45 feet along the public right-of-way on 29th street and to
extend 3 feet into and 354 feet along the public right-of-way on 30th Street.
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
Rafael Granado, City Clerk
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\2901 Collins Avenue Revocable
489
14NE I THURSDAY, AUGUST 23,2012 NE.
MIAMI BEACH
CITY OF MIAMI BEACH .
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the Gfty Commission of the City of Miami Beach, in the Commission Chambers,
3d Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, oo Wlldnestlay, September 12, 2012 at 10:50 l.M., To Consider
Granting A Revocable Permit To Seville Acquisition, LLC, fJ.J3 The Owner Of The Property l!Jclrted At 2001 Collins Avenue, To Allow For Decorative
Concrete Eyebrows To Extend 3 Feet Into And 35.45 Feet Along The Public Rlgllt4}f-Way On 29th Stroot And To Extend 3 Feet Into And 354 Feet
Along The Public Right-Of-Way On 3oth Street. ·
Inquiries may be directed to the Public Works Department at (305) 673c 7080. ·
INTERESTED PARTIES are invited to appear at this meeting,.or be represented by an agent, or to express their views in-writing addressed to
the City Commission, c/o the City Clerk, 1700 Convention Center priv:e, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of this item are
available for public inspection during normal business hQUrs in the Gity Clerk's Office, 1700 Convention center Drive, 1st Floor, City Hall, .Miami
Beach, Florida 33139. This meeting may be continued, and under !liJCh circumstances additionallegatnotice will not be provided.
Rafael E. Granado, City Clerk
City of Miami Beach
PlJ.rsuant to section 286.0105, Fla. 5tat., the City hereby advises the public that lf a person decides to appeal allY ~ made by the
City Commission with respect to any matter considered at its meeting or itS liearingvSUCh pe;soo must !lflSlJI"e that a ¥efbalim record ofthe
proceedings is made, which record includes the testimony and evidence upon whic!l tha appeal is to be based. This notice ooes not c9nstitute
consent by the City for the introduction or admission of otherwise inadmissible or !rr~ ev!~, nor ooes lt authorize challenges or
appeals not otherwise allowed by law. ··
To request this material in accessible format, sign language interpreters, information on accesa tor persons with disabilities, and/or any
accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days. in advance at
(305) 673-7 411 (voice) or TIY users may also call the Florida Relay. Service at 711.
Ad#727
490
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida,
Approving And Authorizing The Mayor And City Clerk To Execute A Grant Of Easement For Air
Rights With CG Tides, LLC, CG Tides Village, LLC, And CG Tides Village I, LLC For A Proposed
Elevated, Pedestrian Bridge Spanning The 20-Foot Public Right-Of-Way Of Ocean Court (At A Width
Of 9'1" With A Minimum Vertical Hei ht Of 16 Feet Above Ocean Court.
nded Outcome Su orted:
Issue:
I Shall the Mayor and the City Commission approve the Resolution?
Item Summary/Recommendation:
PUBLIC HEARING
CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC (Applicants) are owners of Tides
Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the Molbar Building at 1221
Collins Avenue, and the Splendor Building at 1225 Collins Avenue (Properties).
The Applicants received HPB approval (pursuant to HPB Order No. 5477) to redevelop the Collins
Avenue properties and now wish to unify all the Properties with an elevated, pedestrian bridge across
Ocean Court at the second level of the Tides Hotel to connect to the second level of the Molbar
Building. The bridge is proposed to cross the 20-foot width of Ocean Court at a minimum vertical
elevation of 16 feet above the surface grade. At its regular April10, 2012 meeting, the HPB (pursuant
to HPB Order No. 7303) approved the proposed elevated, pedestrian bridge to connect the Properties.
The item was referred to the Land Use Committee and the Finance and Citywide Projects Committee
for policy direction. At the June 13, 2012 Land Use Committee meeting, it was determined that an
easement was the more appropriate instrument for allowing an aerial bridge across City right-of-way
and that the Commission should set a public hearing to execute a grant of easement.
At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee simple
methodology for valuation of this easement with flexibility to adjust the valuation when appropriate,
based on recommendations from the City appraiser.
At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
Staff has reviewed the appropriateness of the facility pursuant to the criteria established under Section
82-38 of the City Code for the proposed sale or lease of City property. The City has determined that
the criteria are satisfied. If approved, this agreement will be executed upon payment by Applicant, in
the appraised value of $75,000.
THE ADMINISTRATION RECOMMENDS THAT THE CITY COMMISSION EXECUTE THE GRANT
OF EASEMENT.
Financial Information:
Source of
Funds:
OBPI
~~--~~--~--~~~-.~--~~~~~-------,--~----~--. Amount Account Approved
1
2
Financial Impact Summary:
Ci rk's Office Le islative Trackin
r Assista~t City Manager
JG ~------+-------~~-
--~~~--~--~~
m MIAMIBEACH ,..,
491
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of mission
PUBUC HEARING
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT FOR
AIR RIGHTS WITH CG TIDES, LLC, CG TIDES VILLAGE, LLC, AND CG
TIDES VILLAGE I, LLC FOR A PROPOSED ELEVATED, PEDESTRIAN
BRIDGE SPANNING THE 20-FOOT PUBLIC RIGHT-OF-WAY OF OCEAN
COURT (AT A WIDTH OF 9'1" WITH A MINIMUM VERTICAL HEIGHT OF
16 FEET ABOVE OCEAN COURT).
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission execute the grant of easement.
BACKGROUND
CG Tides, LLC, CG Tides Village, LLC, and CG Tides Village I, LLC (Applicants) are owners of
the 8-story Tides Hotel at 1220 Ocean Drive, a surface parking lot at 1201 Collins Avenue, the
3-story Molbar Building at 1221 Collins Avenue, and the 2-story Splendor Building at 1225
Collins Avenue (Properties).
The Properties are located in the MXE Zoning District, the Ocean Drive/Collins Avenue Local
Historic District, and the National Register Architectural District. All three buildings: the Tides
Hotel designed by L. Murray Dixon and built in 1936, the Molbar designed by Henry Hohauser
and constructed in 1939, and the Splendor designed by M.J. Nadel and R.M. Norden and built
in 1936, are contributing historic structures, which require review and approval by the Historic
Preservation Board (HPB) for any re-development.
The Applicants had previously received HPB approval (pursuant to HPB Order No. 5477) to
redevelop the Collins Avenue properties, to be known as the Tides Village. The Applicants now
wish to unify all the Properties, and have the main entry through the grand fagade and lobby of
the Tides Hotel on Ocean Drive. To achieve this, the Applicants proposed an elevated,
pedestrian bridge (Attachment A) across Ocean Court at the second level of the Tides Hotel, to
connect to the second level of the rear of an approved addition to the Molbar Building. The
bridge is proposed to cross the entire 20-foot width of the City-owned right-of-way at Ocean
Court, at a minimum vertical elevation of 16 feet above the surface grade (Attachment B). At its
492
City Commission Memorandum -1220 Ocean Drive Revocable Permit
September 12, 2012
Page 2 of5
regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303) approved the
proposed elevated, pedestrian bridge to connect the Properties.
Following submittal of an application for a Revocable Permit to the Public Works Department,
on May 9, 2012, the City Commission approved Resolution No. 2012-27900 setting a public
hearing for the June 6, 2012 Commission Meeting to consider the proposed Revocable Permit,
as required pursuant to City Code Section 82-93. However, at the public hearing, this issue was
referred to the Land Use Committee and the Finance and Citywide Projects Committee for
policy direction.
At the June 13, 2012 Land Use Committee meeting, it was determined that:
1. An easement was the more appropriate instrument for allowing an aerial bridge across
the City right-of-way.
2. The value of the easement should be determined via an appraisal conducted for the
City and paid for by the Applicants.
3. The Commission should set a public hearing to consider granting the easement.
At the June 28, Finance and Citywide Projects Committee, it was recommended to use the fee
simple methodology for valuation of this easement with flexibility to adjust the valuation when
appropriate, based on recommendations from the City appraiser. An appraisal prepared by
Waronker & Rosen, Inc., on June 27, 2012, estimates the value of the easement to be $75,000.
At the July 18, 2012 City Commission meeting, pursuant to Resolution No. 2012-27950, the
Commission set a public hearing for the September 12, 2012 Commission meeting.
ANALYSIS
The City Code does not provide expressingly for procedure for omitting easements. Therefore,
although not required, but provided herein for the purpose of giving the City Commission
guidance as to the appropriateness of Applicant's request, staff has reviewed the proposed
grant of easement for the pedestrian bridge, pursuant to the criteria established under Section
82-38 of the City Code, for the proposed sale or lease of City property.
1) Whether or not the proposed use is in keeping with city goals and objectives and conforms
to the city's comprehensive plan.
Satisfied. The proposed use of the adjacent properties is consistent with the future land use
category description contained in the Comprehensive Plan.
2) The impact on adjacent properties (if any), including .the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level, enhanced property
values, improved development patterns and provision of necessary services. Based on the
proposed use of the property, the city shall determine the potential impact of the project on
city utilities and other infrastructure needs and the magnitude of costs associated with
needed infrastructure improvements. Should it become apparent that further evaluation of
traffic impact is needed, the purchaser/lessee shall be responsible for obtaining and paying
for a traffic impact analysis from a reputable traffic engineer.
493
City Commission Memorandum -1220 Ocean Drive Revocable Pennit
September 12, 2012
Page 3 of5
Satisfied. The Applicants own the properties on either side of the proposed easement, and
the easement should enhance the property values. There will not be any impact on City
utilities, which are below ground. Other above ground utilities will be relocated as part of the
development. The elevation and narrow width (9'1") of the bridge provides unimpeded
access in the event the City or any utility company may need to access any below ground
easement. The easement is above Ocean Court, so there will not be any traffic impacts.
3) A determination as to whether or not the proposed use involves a public purpose, or is in
keeping with the community's needs, such as expanding the city's revenue base, reducing
city costs, creating jobs, creating a significant revenue stream, and/or improving the
community's overall quality of life.
Satisfied. The Applicants have agreed to pay the City $75,000, which is the fee simple
valuation appraisal prepared by Waronker & Rosen on behalf of the City. Further, granting
the permit will enhance the security of the neighborhood by facilitating the unification of the
Tides Hotel and Tides Village with safe and appropriate access. The bridge will remove
unnecessary foot traffic and luggage handling activity from the City's sidewalks and not
impede vehicular access along Ocean Court. The covered bridge will also provide shade
and protection from the elements.
4) A determination as to whether or not the proposed use is in keeping with the surrounding
neighborhood, will block views or create other environmental intrusions, and evaluation of
the design and aesthetic considerations of the proposed development or project.
Satisfied. At its regular April 10, 2012 meeting, the HPB (pursuant to HPB Order No. 7303)
determined that this use is in keeping with the surrounding neighborhood and approved the
proposed elevated, pedestrian bridge to connect the Properties.
5) The impact on adjacent properties, whether or not there is adequate parking, street and
infrastructure needs,
Satisfied. There will not be any adverse impacts to adjacent properties other than those
owned by the Applicants.
6) Such other issues as the city manager or his authorized designee, who shall be the city's
planning director, may deem appropriate in analysis of the proposed disposition.
Satisfied. This proposed aerial easement was referred to the Land Use and Development
Committee and the Finance and Citywide Project Committee for policy direction. At those
meetings, it was determined that the consideration for granting this easement should be
heard at a public hearing and that the Applicants should pay the assessed value of the
easement. The Waronker and Rosen Inc. firm has prepared an appraisal of the aerial
easement, and estimates its value at $75,000.
As this application was originally referred as a Revocable Permit, staff also reviewed the
appropriateness of the proposed pedestrian bridge, pursuant to the criteria established under
Section 82-94 of the City Code for the granting/denying of revocable permits. (Again, while not
required, the analysis below is provided as further guidance to the Commission in considering
the proposed requests):
494
City Commission Memorandum -1220 Ocean Drive Revocable Permit
September 12, 2012
Page 4 of5
1) That the applicant's need is substantiaL
Satisfied. Granting the permit will enhance the security of the neighborhood by facilitating
the unification of the Tides Hotel and Tides Village with safe and appropriate access. The
bridge will remove unnecessary foot traffic and luggage handling activity from the City's
sidewalks and not impede vehicular access along Ocean Court. The covered bridge will also
provide shade and protection from the elements ..
2) That the applicant holds the title to an abutting property.
Satisfied. The applicant is the Fee Simple Owner of the properties located at 1220 Ocean
Drive and 1201, 1221 and 1225 Collins Avenue and the properties are adjacent to Ocean
Court.
3) That the proposed improvements comply with applicable codes, ordinances, regulations,
and neighborhoods plans and laws.
Satisfied. The proposed elevated pedestrian bridge will be constructed in accordance with
the relevant sections of the Code of the City of Miami Beach and the Florida Building Code,
including proper elevation for service emergency vehicles.
4) That grant of such application will have no adverse effect on governmental/utility easements
and uses on the property.
Satisfied. The bridge does not impact any governmental use of the property as it is elevated
16' above ground-level. Above ground utilities will be relocated as part of the development.
The elevation and narrow width (9'1") of the bridge provides unimpeded access in the event
the City or any utility company may need to access any below ground easement.
5) Alternatively:
a. That an unnecessary hardship exists that deprives the applicant of reasonable use of the
land, structure or building for which the Revocable Permit is sought arising out of special
circumstances and conditions that exist, and were not self-created, and are peculiar to the
land, structures or buildings in the same zoning district, and the grant of the application is
the minimum that will allow reasonable use of the land, structures, or building.
b. That the grant of revocable permit will enhance the neighborhood and/or community by such
amenities as, for example, enhanced landscaping, improved drainage, improved lighting and
improved security.
Satisfied. The Applicants have agreed to help fund the construction of a "green" alley
adjacent to their properties that will improve the appearance and drainage of Ocean Court.
Further, granting the permit will enhance the security of the neighborhood by facilitating the
unification of the Tides Hotel and Tides Village with safe and appropriate access. The bridge
will remove unnecessary foot traffic and luggage handling activity from the City's sidewalks
and not impede vehicular access along Ocean Court. The covered bridge will also provide
shade and protection from the elements.
495
City Commission Memorandum-1220 Ocean Drive Revocable Permit
September 12, 2012
Page 5 of5
6) That granting the revocable permit requested will not confer on the applicant any special
privilege that is denied to other owner of land, structures, or building subject to similar
conditions.
Satisfied. The safety and security of guests of any property requires appropriate measures,
especially at commercial establishments such as hotels. Granting the permit provides the
means for the applicant to ensure the safety of the hotel guests traveling between the hotel
buildings. Granting the permit will not confer any special privilege on the applicant that
would otherwise be denied to others similarly situated in the same zoning district.
7) That granting the revocable permit will be in harmony with the general intent and purpose of
Article Ill of the City Code, and that such revocable permit will not be injurious to
surrounding properties, the neighborhood, or otherwise detrimental to the public welfare.
Satisfied. The elevated bridge will comply with all Code regulations and maintain the
present service uses along Ocean Court while ensuring the safety of hotel guests and all
users of the City rights-of-way. As such, it will neither be injurious to the surrounding
properties nor detrimental to the public welfare.
The Administration and Applicant have negotiated a Grant of Easement for Air Rights
(Attachment C). If approved, this agreement will be executed upon payment by Applicant, in the
appraised value of $75,000.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute a Grant of Easement for Air Rights with CG Tides, LLC, CG Tides Village,
LLC, and CG Tides Village I, LLC for a proposed elevated, pedestrian bridge spanning the 20-
foot public right-of-way of Ocean Court (at a width of 9'1" with a minimum vertical height of 16
feet above ocean court).
Attachments:
A-Rendering of proposed bridge
B-Sketch and Legal description of the encroachment
C-Draft Easement Agreement
KGB/JGG/FHB/JJF/RWS/DEF
T:\AGENDA\2012\9-12-12\Revocable Permits and Easements\1220 Ocean Drive-MEMO.docx
496
Attachment-A
497
SKETCH ACCOAJPANY LEGAL DESCRIPTION
TIDES BRIDGE CONNECTION
LEGEND:
--f: -· DSVOTES CENTER UNE
--R/Ht--DENOTES RIGHT OF WAY UN£
P.B. DENOTES PLAT BOOK
PG. DENOTES PAGE
P.O.C. DENOTES POINT OF COMMENCEMEN
P. D. B. DENOTES POINT OF BEGINNING
LOT 12
c:i
:.:::~
< ~ NOO'OO 'J5 "£
a(_') 9.
i=::Q cs i P.O.B.
C_j
"Z".;
12+nl I ( ,
N89'59'25"W
20.00
STREET
TIDES BRIDGE CONNECTION
FROM ELEV. 22.75' TO
£LEV. 33.25' NC. V.D. 1929
( 181. 6 sq.ft)
LOT 5
L
'-\j
c5 <
< Q (..)
;::::: Q cs
r~\ .__,
'-T ('..j
UTE E-l.i liZ & c:::4:2:20C!lafE C!.
LAND SURVEYORS-ENGINEERS-LAND PLANNERS 3240 CORPORATE WAY-t,iiRAMAR, FL 33025
PHONE No.(954 )435-701 0 AX No. (954 )438-3288
ORDER NO . ......:..;;;:.::..:::;_:..;;;.__ __
DATE: APRIL
THIS IS NOT A " BOUNDARY SURVEY"
CERTIFICATE OF AUTHORIZATION No. LB-87
MARK STEVEN JOHNSON, SECY. & TR£AS.
FLOFIIDA PROFE:SS!ONAL LAND SURVEYOR No. 4775
498
LEGAL
TIDES BRIDGE CONNECTION
A PORTION OF 20 FOOT PUBLiC ALLEY {OCEAN COURT), OC£A,N BEACH, FLA, ADDITION
lVO. 2, BLOCK 17, ACCORDING TO T/--!E PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT
PAGE 56 OF Ti-lE PUBLIC RECOF?DS OF MIAMI-DAD£ COUNTY, FLOP IDA, MORE PART!CULAF?L Y
DESCRIBED AS FOLLOWS;
COMMENCE AT THE SOUT/-/EAST COF?NEF? OF LOT 9, BLOCK 17, OCEAN BEACH, FLA,
ADDITION NO. 2, ACCORDING TO THE PLAT T/-IEF?EOF, AS RECOF?DED IN PLA, T BOOK 2 AT
PAGE 56 OF Ti-l£ PUBLIC F?ECOF?DS OF lvf/AMI-DAD£ COUNTY, FLOF?IDA; THENCE NOF?T/-1 00
DEGF?EES 00 MINUTES 35 SECONDS EAST, ALONG THE EAST LINE OF LOTS 9 T/-IF?OUGH 11
OF BLOCK 1 7 OF SAJD PLAT OF OCEAN BEACH, FLA, ADDITION NO. 2, FOR 139.39 FEET TO
THE POINT OF BEGINNING; THENCE CONTiNUE NOF?TH 00 DEGF?EES 00 MINUTES 35
SECONDS EAST FOr? 9. 08 FEET; THENCE SOUTH 89 DEGF?EES 59 ivf!NUTES 25 SECONDS
EAST FOr? 20.00 FEET TO Ti-l£ WEST LINE OF LOT 6 OF BLOCK 1 7 OF SAID PLAT OF
OCEAN BEACH, FLA, ADDITION NO. 2; THENCE SOUTi-f 00 DEGF?££5 00 MINUTES 35
SECONDS WEST, ALONG SAID UN£ FOR 9. 08 THENCE NORTh 89 DEGF?EES 59
MINUTES 25 SECONDS WEST FOR 20.00 FEET TO THE POINT OF BEGINNING. SAID BRIDGE
CONNECTION LYING BETWEEN THE HOF?IZONTAL PLANE OF ELEVATION OF 22.75 FEET AND
ELEVA T/ON 25 FEET NATiONAL GEODETiC VERTICAL DATUM 1929. SAID AREA CONTAINING
181. 6 SQUAF?£ FEET.
L Y!NG AND BEING IN SECTION 34, TOWNS/-1/P 53 SOUT/-1, F?ANGE 42 EAST, CITY OF
illf/Aiv!! BEACH, MIAMI--DADE COUNTY, FLOF?JDA.
BEARINGS SHOWlv HEREON REFER TO AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 35
EAST ALONG THE EAST LINE OF LOTS 9 THPOUGH 11 OF BLOCK 17 OF SAID PLAT OF OCEAN
BEACH, FLA, ADDITION NO. 2.
2) ORDERED BY: BEF?COW l?ADELL & FERNANDEZ, P.A.
3) AUTHENTIC COPIES OF T/-1/S SKETCH AND LEGAL DESCRIPTiON lvtuST BEAR THE EMBOSSED SEAL OF
THE A !TESTING PROFESSiONAL LAND SURVEYOl?.
DATE: APRIL
THIS IS NOT A ,, BOUNDARY SUPVEY"
CERTiFiCATE OF AUTHORIZATION No. LB-87
Sl-iEtT 2 OF 2 SHEETS
Fl 33025
MARK STEVEN JOHNSON,
FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775
499
ATTACHMENT C
(TO BE SUBMITTED AS SUPPLEMENTAL)
500
18NE I THURSDAY, AUGUST 23, 2012 NE
MIAMI
* NOTICE IS HEREBY given that_a public hearing will be held by the Crty Commission of the City of Miami Beach, in the Commission
· Chambers, 3rd F!oor, City Hall, 1700 Convention Center Drive, Mlami Beach, Florida, on Wednesday, 12,2012 at Hl:55 A.M.,
·To Consider Gra(lting An Aerial Easement Agreement With CG Tides, LLC, CG Tides Village, LLC, CG Tides Village I, LLC And CG
Tides Village II, LLC, As The Owners Of The Properties located At 1220 Ocean Drive And 1201, 1221 And 1225 Collins Avenue, For
A Proposed Elevated, Covered Pedestrian Bridge That Spans The 20-Foot Public Right-Of-Way Of Ocean Court At A Width Of 9'1" With
A Minimum Vertipal Height Of 16 Feet Above Ocean Court.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express '!heir views in writing addressed to
the City Commission, c/o the City Clerk, 1700 Convention Center Drive, lsl Floor, CiJy Hall, M!aml Beach, Florida 33139. Copies of this item are
available for public inspection during normal business hours 111 the City Clerk's Office, 1700 COnvention Genier Drive, 1st Floor, City Hall, Miami
BeaclJ, Florida 33139. This meeting may I:Je continued, and unoer such circumstances additional legal notice will not be provided.
Rafael E. Granado, City Clerk
City ot Miami Beach
Pursuant to Section 286.0105, Fla. Stat, the City hereby advises lhe public lhat: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting or itS heaflng, such person must ensure that a verbatim record ol
the proceedings Is made, which record includes the testimony arul evknmce upon wtilch the appeal is to be based. This notice does not
constitute consent I:Jy the City for the introduction or admission ol otherwise lnadmlss!ble or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access lor persons with disabilities, and/or
any accommodation to review any document or participate in any City-sponsored proceeding, please contact us· five days in advance'
at (305) 673-7411(voice) orm users may also call the Flonda Relay Service at 711.
Ad #729
/v\!A/v\1 H
. NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers,
3rd Floor, City Ha!l, 1700 Convention Center Drive, Miami Beach, Florida, or Wednesday, September 12, 20i2 at 10:45 A.M., To Consider
Granting An Easement To Collins 3300, LL.C And 342.0 Coll!ns Avenue, L.LC, Owners Of The Properties Located At 3301 Indian Creek Drive,
3400 Collins Avenue And 3420 Collins Avenue, For A Proposed Subsurface Parking Garage, That Spans The Entire Width 0t The 50-Foot
Public Rigllt-01-Way Of 34th Street For A Length Ot Approximately 93 Feet. Pursuant To The Procedures And Standards Recommended By
The Land Use And Development Committee, And Finance And Citywide Projects Committee.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
INTERESTED PARTIES are invited to appear at this meeting, or be rap resented by an agent, or to express their views in writing addressed to
the City Commission, c/o the City Clerk, 1700 Convention Senter Drive, 1st Flpor, Cit'; Hall, Miami Beach, Florida 33139. Copies of this Item are
available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, Crty Halt, Miami
Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notice will not be provided.
Rafael E Granado, City Clerk
City ot Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record inCludes the testimony and evidence upon which the appeal is to oo based. This notice does not constitute
consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or
any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance
at (305) 673-7 411 (voice) or TlY users may also call the Florida Relay Service at 711.
Ad#728
501
RESOLUTION TO BE SUBMITTED
502
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY
FROM:
COMMISSION MEMORANDUM
2012
SUBJECT: RESOLUTION ACCEPTING RESULTS OF THE CITY'S AUGUST 14, 2012
SPECIAL ELECTION BALLOT QUESTIONS AND DECLARING ELECTION
RESULTS
Attached hereto is a Resolution adopting the Certification of Official Results of the August 14,
2012 Special Election for the City of Miami Beach, and declaring the election results. The passage of
this Resolution will effectively conclude acceptance of election results for the City of Miami Beach's
August 14, 2012 Special Election. The Miami-Dade County Supervisor of Election's Certification of
the Official Results is attached to the Resolution and reflects the details of the election results.
JS/DT/mem
F:IA TTOITURN\COMMMEMO\Comrn Memo Reso Accepting Results of August 14 special election. do£
503
Agenda ltem _ __,_,_l......;F,__
Date_____;tf.:.......-.:..;;....1 ) ...... ~ 1..:;;.:2-_
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
CERTIFICATION OF THE OFFICIAL RESULTS OF THE
AUGUST 14, 2012 SPECIAL ELECTION FOR THE CITY OF
MIAMI BEACH BALLOT QUESTIONS, AND DECLARING
THE RESULTS THEREOF.
WHEREAS, the Certification of the Official Results of the City of Miami Beach
Special Election ballot questions have been received and are attached hereto as
Composite Exhibit "A" and are incorporated herein by reference; and
WHEREAS, said Certification reflects that:
Question "A" as set forth below was Approved by the electorate of the City of Miami
Beach 1
; and
Question "B" as set forth below was Approved by the electorate of the City of Miami
Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having had canvassed
the returns of the August 14, 2012 Special Election of the City of Miami Beach, the City
hereby adopts the Certification of the Official Results of said Special Election and it is
hereby ordered that the Certification of the Official Results and this Resolution be recorded
in the minutes of the City Commission meeting as a permanent record of the results of said
Special Election; and be it further resolved that, as a result of the City of Miami Beach
August 14, 2012 Special Election, the votes upon the questions presented reflect the
following results:
Question "A":
ALLOWING UP TO ONE PERCENT INCREASE IN ROOM RENT
PORTION OF RESORT TAX.
SHALL SECTION 5.03 OF THE CHARTER BE AMENDED TO
ALLOW THE COMMISSION TO INCREASE, UP TO ONE PERCENT,
THE RESORT TAX ON ROOM RENT, TO EXPAND, ENLARGE,
l The two ballot questions have been lettered "A" and "B" for ease of reference herein and were
not so lettered on the ballot.
504
RENOVATE, AND/OR IMPROVE THE CONVENTION CENTER,
INCLUDING PAYMENT OF DEBT SERVICE RELATED THERETO,
AND PROVIDING THAT THE EXCESS OF SUCH ADDITIONAL TAX
BE USED, AFTER PROVIDING FOR PAYMENT OF ANNUAL DEBT
SERVICE AND RELATED OBLIGATIONS, TO ESTABLISH A
CAPITAL RENEWAL AND REPLACEMENT FUND FOR THE
CENTER?
4,786 YES
2,335 NO
Question "B":
MAJORITY OF MEMBERS OF CITY COMMISSION MAY CALL
SPECIAL MEETINGS.
SHALL SECTION 2.04 OF THE MIAMI BEACH CHARTER BE
AMENDED TO PROVIDE THAT, IN ADDITION TO BEING CALLED
BY THE MAYOR OR CITY MANAGER, SPECIAL MEETINGS OF THE
CITY COMMISSION MAY BE CALLED BY A MAJORITY OF THE
MEMBERS OF THE COMMISSION UPON WRITTEN NOTICE TO
THE CITY CLERK AND IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN A RESOLUTION OF THE CITY
COMMISSION?
5,212 YES
1,680 NO
BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was
..,....L;A,.,p...,.p;:_;:ro'--v_ed __ , and Question "B" was Approved
PASSED and ADOPTED this 12th day of September, 2012.
ATTEST:
CITY CLERK
Rafael Granado
F:IA TIO\TURN\Reso Accepting Elec Results August 2012.doc
2
505
MAYOR
Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& EXECUTION
EXHIBIT A
*** Official *"'*
CERTIFICATE OF COUNTY CANVASSING BOARD
STATE OF FLORIDA
MiamiMDade County
We, the undersigned, SHELLEY J. KRAVITZ, County Judge,
Chairperson, PENELOPE TOWNSLEY, Supervisor of Elections,
ANDREW S. HAGUE,County Judge, Substitute Member, constituting
the Board of County Canvassers in and for said County, do hereby
certify that we met on the Seventeenth day of August, 2012 A.D.,
and proceeded publicly to canvass the votes given for the several
offices and persons herein specified at the Nonpartisan Election
held on the Fourteenth day of August, 2012 A.D., as shown by the
returns on file in the office of the Supervisor of Elections. We do
hereby certify from said returns as follows:
For Circuit Judge, 11th Judicial Circuit, Group 8, the whole
number of votes cast was 197,895 of which number
David C. Miller received 123,117 votes
Mauricio Padilla received 74,7.78 votes
For Circuit Judge, 11th Judicial Circuit, Group 15, the whole
number of votes cast was 196,487 of which number
Robert Coppel received 95,399 votes
Maria Elena Verde received 101,088 votes
For Circuit Judge, 11th Judicial Circuit, Group 47, the whole
number ofvotes cast was 189,805 ofwhich number
Alex Jimenez Labora
Maria de Jesus Santovenia
received 91,968 votes
received 97,837 votes
For Circuit Judge, 11th Judicial Circuit, Group 49, the whole
number of votes cast was 197,750 ofwhich number
Victor H. De Yurre received 85,837 votes
Teresa Mary Pooler received 111,913 votes
For County Court Judge, Group 1, the whole number of votes cast
was 186,155 of which number
Frank A. Hernandez
Patricia Marino-Pedraza
08/171201207:58:21 PM
506
received 80,997 votes
received 105,158 votes
Page I of?
*** Official ***
For County Court Judge, Group 10, the whole number ofvotes
cast was 192,769 of which number
Diana Gonzalez
Ana Maria Pando
received 97,943 votes
received 94,826 votes
For County Court Judge, Group 20, the whole number of votes
cast was 185,257 ofwhich number
Michelle Alvarez Barakat
Fleur Jeannine Labree
received l31,317votes
received 53,940 votes
For County Court Judge, Group 24, the whole number of votes
cast was 193,271 of which number
Arthur Spiegel received 47,054 votes
Greer Elaine Wallace
Andrea R. Wolfson
received 52,747 votes
received 93,470 votes
For County Court Judge, Group 27, the whole number of votes
cast was 189,258 of which number
Ivonne Cuesta
Jacci Suzan Seskin
received 127,418 votes
received 61,840 votes
For County Court Judge, Group 28, the whole number of votes
cast was 188,459 of which number
Tanya J. Brinkley
Enrique "Rick" Yabor
received 115,111 votes
received 73,348 votes
For County Court Judge, Group 33, the whole number of votes
cast was 190,701 of which number
John "Johnny" Rodriguez
Teretha Lundy Thomas
received 94,717 votes
received 95,984 votes
For County Court Judge, Group 40, the whole number of votes
cast was 190,439 of which number
Lourdes T. Camb6
DonS. Cohn
received
received
93,234 votes
97,205 votes
For School Board, District 5, the whole number of votes cast was
19,305 of which number
Susie Castillo
Danie1 11 Dan11 Espino
08/1712012 07:58:21 PM
507
received 12,381 votes
received 6,924 votes
Page2 of7
*** Official ***
For Property Appraiser, the whole number of votes cast was
206,921 of which number
Pedro J. Garcia
Carlos Lopez~Cantera
received 100,971 votes
received 1 05,950 votes
For County Commissioner, District 1, the whole number of votes
cast was 21,876 of which number
Shirley Gibson received 7,600 votes
Wade Jones
Barbara Jordan
received 1,337 votes
received 12,939 votes
For County Commissioner, District 3, the whole number of votes
cast was 16,241 of which number
Alison Austin received 2,538 votes
Audrey M. Edmonson received 6,965 votes
Keon Hardeman received 3,243 votes
Michael Jackson Joseph received 1,373 votes
Eddie Lewis received 629 votes
Nadia Pierre received 1,493 votes
For County Commissioner, District 5, the whole number of votes
cast was 15,612 of which number
Bruno A. Barreiro received 7,798 votes
Calixto Garcia received 1,630 votes
Luis Garcia received 5,160 votes
Carlos E. Mufioz Fontanills received 1,024 votes
For County Commissioner, District 9, the whole number of votes
cast was 15,251 of which number
Darrin E. McGillis
Dennis C. Moss
AlicePena
Loretta Riley
received
received
received
received
1,166 votes
9,043 votes
3,540 votes
1,502 votes
For County Commissioner, District 11, the whole number of
votes cast was 16,195 of which number
Manny Machado received 5, 955 votes
Javier Mufioz
Juan C. Zapata
08/17/201207:58:21 PM
508
received
received
2,454 votes
7,786 votes
Page 3 of?
"'**Official ***
ForMA YOR, the whole number of votes cast was 233,319 of
which number
EdnaDiaz received 5,589 votes
Carlos Gimenez received 126,525 votes
Gary Delano Johnson received 5,759 votes
Farid Khavari received 1,978 votes
Joe Martinez received 71,814 votes
Helen Barbary Williams received 14,754 votes
Denny Wood received 6,900 votes
For COMMUNITY COUNCIL 5, AT-LARGE, the whole
number of votes cast was 5,130 of which number
Jessica "Jessie" Fortich
Ira J. Pau1
received
received
3,189 votes
1,941 votes
For COMMUNITY COUNCIL 10, AT-LARGE, the whole
number of votes cast was 23,761 of which number
Johnny G. Farias received 9,022 votes
14,739 votes Miriam "Mimi" Planas received
For COMMUNITY COUNCIL 10, SUBAREA 106, the whole
number of votes cast was 23,043 of which number
Miguel Martinez received 5,892 votes
Roberto "Bobby" Suarez received 4,235 votes
Victoria E. Tomas received 6,339 votes
Manuel "Manny" Valdes received 6,577 votes
For COMMUNITY COUNCIL 11, SUBAREA 112, the whole
number ofvotes cast was 15,786 ofwhich number
Daniel Ojeda
Jeff Wander
received
received
9,382 votes
6,404 votes
For COMMUNITY COUNCIL 11, SUBAREA 116, the whole
number of votes cast was 15,570 of which number
Carolina Blanco
Ileana Petisco
received 10,621 votes
received 4,949 votes
For COMMUNITY COUNCIL 12, SUBAREA 122, the whole
number of votes cast was 10,236 of which number
Matthew Larsh received
Anthony F. Petisco received
08/17/2012 07:58:21 PM
509
6,003 votes
4,233 votes
Page 4 of7
***Official ***
For COMMUNITY COUNCIL 12, SUBAREA 124, the whole
number of votes cast was 10,574 of which number
Joe Sanchez
Angela "Angie" Vazquez
received
received
4,877 votes
5,697 votes
For COMMUNITY COUNCIL 12, SUBAREA 126, the whole
number of votes cast was 10,373 of which number
Alex Duran
Jorge Luis Garciga
received
received
6,777 votes
3,596 votes
For MlAMI GARDENS: MAYOR, the whole number of votes
cast was 15,998 of which number
Oliver Gilbert received 10,108 votes
Tanya Y. James received 794 votes
Willie B. Kelly II received 222 votes
John D. Pace, Jr. received 506 votes
Andre Williams received 2,173 votes
Katrina Wilson received 1,849 votes
Darin Woods received 346 votes
For MIAMI GARDENS: COUNClLMEMBER-DIST 1, the
whole number of votes cast was 3,144 of which number
Lillie Q. Odom
Sardebra Wright
received
received
2,006 votes
1,138 votes
For MIAMI GARDENS: COUNCILMEMBER-DIST 3, the
whole number of votes cast was 4,799 of which number
Rodney Harris received 1,747 votes
Ulysses "Buck" Harvard received 1,761 votes
Erhabor lghodaro received 1,291 votes
For REPEAL OF COUNTY'S PIT BULL DOG BAN, the whole
number of votes cast was 222,637 of which number
Yes for Appmval received 81,758 votes
No for Rejection received 140,879 votes
08/1712012 07:58:21 PM Page 5 of7
510
*** Official***
For MIAMI BEACH: INCREASE ROOM RENT RESORT
TAX, the whole number ofvotes cast was 7,121 ofwhich number
Yes for Approval received 4,786 votes
No for Rejection received 2,335 votes
For MIAMI BEACH: CITY COMM CALL SPECIAL MTGS,
the whole number of votes cast was 6,892 of which number
Yes for Approval received 5,212 votes
No for Rejection received 1 ,680 votes
For MIAMI GARDENS: BOUNDARY DESCRIPTIONS, the
whole number of votes cast was 13,436 of which number
Yes for Approval received 6, 118 votes
No for Rejection received 7,318 votes
For MIAMI SPRINGS: COUNCIL MEMBER. TERMS, the
whole number of votes cast was 1,858 of which number
Yes for Approval received 678 votes
No for Rejection receiv.ed l, 180 votes
For MIAMI SPRINGS: STAGGERED TERMS, the whole
number of votes cast was 1,769 ofwhich number
Yes for Approval received 752 votes
No for Rejection received 1,017 votes
For NORTH MIAMI: MUSEUM TERMS (MOCA), the whole
number ofvotes cast was 4,151 ofwhich number
Yes for Approval received 1,998 votes
No for Rejection received 2,153 votes
For OPA-LOCKA: DEFERRED COMPENSATION, the whole
number of votes cast was 1,127 ofwhich number
Yes for Approval received
No for Rejection received
08/17/2012 07:58:21 PM
511
425 votes
702 votes
Page 6 of?
*** Official ***
We Certify that pursuant to Section 102.112, Florida Statues, the
canvassing board has compared the number of persons who voted
with the number of ballots counted and that the certification
includes aU valid votes cast in the election.
08/17/2012 07:58:21 PM Page 7 of7
512
Election Results Miami-Dade County August 14, 20121 SOE Software Page 1 of 1
..
I
..
I I
Voters: 1 ,242,973 Precincts Completely Reported: 829 of 829
Ballots Cast: 248,605
Voter Turnout: 20.00 %
Results are officiaL
Th111re was a recount for Smte
Click here to filter the contests that
appear below
(2of140)
!AMI BEACH: INCREASE ROOM RENT RESORT TAX
36 of 36 Precincts Reporting
YES
NO
!AM! BEACH: CITY COMM. CAll SPECIAl MTGS
36 of 36 Precincts Reporting
YES
NO
Go To
Percent
32.79%
Percent
75.62%
24.38%
http:/ /results.em .clarityelections.com/FL/Dade/ t 513 /96496/en/ summary .html
1 . 5
Votes
Votes
5,212
1,680
6,892
8/20/2012
THIS PAGE INTENTIONALLY LEFT BLANK
514
COMMISSION ITEM SUMMARY
~ondensed Title·
A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute Guaranteed Maximum Price
(GMP) Amendment No. 1 To The Pre-Construction Services Agreement With The Weitz Company, Dated April 5,
2012, For Construction Management At Risk Services For The South Pointe Park Pier Project, In The Amount Of
$4,809,017 With Funding For This Amendment Previously Appropriated As Follows: $1 ,442,417 From The South
Pointe Capital Fund 389; And $3,366,600 From The South Pointe COT Agreement Rev/Municipal Resort Tax Fund
388.
Key Intended Outcome
Ensure well-designed quality capital projects
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that
81% of businesses rated completed capital improvement projects as "excellent" or "good."
Issue:
J Shall the Commission Adopt the Resolution?
Item Summary/Recommendation:
On June 1, 2012, the Weitz Company held a bid opening which representatives of the City and Atkins attended.
Subcontractors submitted sealed bids which were opened by Weitz in the presence of the City and Atkins. The GMP
submitted, prior to negotiation, was for the amount of $5,527,465.
Following a number of discussions, evaluation of value-engineering (VE) options, and analysis of constructability
recommendations, Weitz submitted the current negotiated GMP in the amount of $4,809,017 (Attachment A). The
GMP reflects current market conditions and additional scope never anticipated in the original BOOR and required by
the Environmental permitting agencies: associated with the relocation of the existing protected corals. This work
involves a 30 day notice prior to the relocation and the proper monitoring to the satisfaction of the environmental
permitting agencies prior to the demolition phase. It also includes the entrance plaza, the waterside construction of
the pier and the offsite storage/staging area due to limited access from the park.
The final estimate of probable construction cost conducted by Atkins, the Engineer of Record, on August 26, 2011 is
$4,454,433. Since the CMR construction contract does not contemplate any change orders and assumes the
owner's risk in the construction process, the final estimated construction cost of $4,836,637 includes the 10% CMR
premium (Attachment C).
In order to obtain further assurance that the best value for this project had been negotiated, the City contracted CMS
Estimating Services (CMS), to perform an independent construction cost estimate. CMS' estimated construction cost
is $4,778,559 which includes a 10% CMR premium (Attachment B).
The administration is of the opinion that the final GMP is a competitive, fair and a reasonable price as the difference
between the comparative estimates and the GMP is less than 1% and within industry standards.
Currently, the City has a Florida Inland Navigation District (FIND) Assistance Program Phase I grant approval for
design consulting fees in the amount of $323,077. This grant amount will be reimbursed upon compliance with the
grant requirement to award a construction contract by September 30, 2012. In addition, the City has applied for the
Fl NO Assistance Program Phase II, in the amount of $986,000, for reimbursement of construction costs for the South
Pointe Park Pier project.
The construction duration of this project has been negotiated at 448 calendar days. This includes 90 day pre-
construction activities, commencing with the relocation of the corals prior to demolition of the pier.
It is recommended that the Mayor and City Commission adopt the resolution.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of
Funds:
MIAMI BEACH
77-067357
2577-067357
2577-069358
515
Account
AGENDA ITEM ~.;...;R;.....7 __
DATE Cf-/2-/2..
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Cit
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE GUARANTEED MAXIMUM
PRICE (GMP) AMENDMENT NO. 1 TO THE PRE-CONSTRUCTION
SERVICES AGREEMENT WITH THE WEITZ COMPANY, DATED APRIL 5,
2012, FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR
THE SOUTH POINTE PARK PIER PROJECT, IN THE AMOUNT OF
$4,809,017 WITH FUNDING FOR THIS AMENDMENT PREVIOUSLY
APPROPRIATED AS FOLLOWS: $1,442,417 FROM THE SOUTH POINTE
CAPITAL FUND 389; AND $3,366,600 FROM THE SOUTH POINTE COT
AGREEMENT REV/MUNICIPAL RESORT TAX FUND 388.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure well-designed quality capital projects
FUNDING
Funding for this amendment in the amount of $4,809,017 has been previously appropriated as
follows: $1 ,442,417 from the South Pointe Capital Fund 389; and $3,366,600 from the South
Pointe COT Agreement Rev/Municipal Resort Tax Fund 388.
ANALYSIS
The Mayor and City Commission at its December 14, 2011 meeting authorized the
Administration to issue an RFQ for a Construction Manager at Risk (CMR) firm to provide pre-
construction services and construction phase services via a Guaranteed Maximum Price (GMP)
amendment for the South Pointe Park Pier Project.
RFQ No.18-11/12 was issued on December 19, 2011 and the Weitz Company (Weitz)
submitted their proposal and were interviewed along with four (4) other CMR firms. On January
12, 2012, the selection committee unanimously ranked the Weitz Company as the top-ranked
firm.
Pursuant to the City Manager's recommendation, on February 8th, 2012, the Mayor and City
Commission approved Resolution No. 2012-27831, authorizing the Mayor and City Clerk to
execute a Pre-Construction Services Agreement with the Weitz Company. These services
included: review of project requirements, existing on-site conditions, review of preliminary
budget, project scheduling and phasing, value engineering, and submission of constructability
recommendations to Atkins of North America (Atkins), the AlE of Record.
516
Commission Memorandum-Weitz Company GMP for the South Pointe Park Pier Project
September 12, 2012
Page 2 of 3
On June 1, 2012, Weitz held a bid opening which was attended by representatives of the City
and Atkins. Subcontractors submitted sealed bids which were opened by Weitz in the presence
of the City and Atkins. The GMP submitted, prior to negotiation, was in the amount of
$5,527,465.
Following a number of discussions, evaluation of value-engineering (VE) options, and analysis
of constructability recommendations, Weitz submitted the current negotiated GMP in the amount
of $4,809,017 (Attachment A). The GMP reflects the current market conditions as well as
additional scope not anticipated and additional requirements by the Environmental permitting
agencies: associated with the relocation of the existing protected corals. This work involves a
30 day notice prior to the relocation and the proper monitoring to the satisfaction of the
environmental permitting agencies prior to the demolition phase. It also includes the entrance
plaza, the waterside construction of the pier and the offsite storage/staging area due to limited
access from the park.
The final estimate of probable construction cost conducted by Atkins, the Engineer of Record,
on August 26, 2011 is $4,454,433. Since the CMR construction contract does not contemplate
any change orders and assumes the owner's risk in the construction process, the final
estimated construction cost of $4,836,637 includes the 10% CMR premium (Attachment C).
In order to obtain further assurance that the best value for this project had been negotiated, the
City contracted CMS Estimating Services (CMS), to perform an independent construction cost
estimate. The estimated construction cost as submitted by CMS is $4,344,145. Since the CMR
construction contract does not contemplate any change orders and assumes the owner's risk in
the construction process, the estimator has recommended an additional 10% premium on their
estimated construction cost, for a total of $4,778,559 (Attachment B).
The administration is of the opinion that the final GMP is a competitive, fair and a reasonable
price as the difference between the comparative estimates and the GMP is less than 1% and
within industry standards.
Currently, the City has a Florida Inland Navigation District (FIND) Assistance Program Phase I
grant approval for design consulting fees in the amount of $323,077. This grant amount will be
reimbursed upon compliance with the grant requirement to award a construction contract by
September 30, 2012. In addition, the City has applied for the FIND Assistance Program Phase
II, in the amount of $986,000, for future reimbursement of construction costs for the South
Pointe Park Pier project.
The construction duration of this project has been negotiated at 448 calendar days (includes 90
days for pre-construction environmental compliance) and it is anticipated that this work will
commence in October 2012 (pending the approval of the USACE permit). The first activity will
be the relocation of the corals prior to the demolition of the existing pier. The City is taking
measures to offset any impact to the project schedule and FIND grant deadlines. The
anticipated Project Schedule for the construction of the South Pointe Park Pier is as follows:
Commission GMP Awarded:
Anticipated Notice to Proceed Number One:
Anticipated Notice to Proceed Number Two:
Anticipated Construction Start:
Anticipated Substantial Completion:
517
September 12, 2012
October 1, 2012 -(30 day notice & coral
relocation)
December 1, 2012 -(demolition of existing
pier)
January 2013
January 2014
Commission Memorandum-Weitz Company GMP for the South Pointe Park Pier Project
September 12, 2012
Page 3 of3
CONCLUSION
The Administration recommends the approval of the attached resolution authorizing the Mayor
and the City Clerk to execute Guaranteed Maximum Price (GMP) Amendment No. 1 to the Pre-
Construction Services Agreement with the Weitz Company, dated April 5, 2012, for Construction
Management at Risk Services for the South Pointe Park Pier project, in the amount of
$4,809,017.
Attachments:
Attachment A: The Weitz Company-Construction Management at Risk GMP Document
Attachment B: CMS -Third Party Estimate of Construction Costs
Attachment C: Atkins -Estimate of Probable Construction Cost
T:\AGENDA\2012\9-12-12\South Point Park Pier-GMP Amendment Weitz. MEMO.doc
518
519
ATTACHMENT A
''.41Hif1 BUILD IN
GOOD COMPANY~
Project: South Pointe Park Pier
Job#:
Trade Descr:pUon
dd for MMFX reinforcing steel in primary $
520
CONSTRUCTION MANAGEMENT SERVICES, INC.
10 Falrway Drive • Suite 301 • Deerfield Beach, Florida 33441 '95,H81-1611 'FAX 954-427-3142
SOUTH POINTE PARK PIER PROJECT ,
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33109
GMP CONSTRUCTION DOCUMENTS
COST ESTIMATE
August 31, 2012
PREPARED FOR:
CITY OF MIAMI BEACH
PREPARED BY:
CMS-CONSTRUCTION MANAGEMENT SERVICES, INC.
CMS FILE # 21 01
Quantity Surveyors • Construction Managers
521
MAIN SUMMARY CMS-CONSTRUCTION MANAGEMENT SERVICES, INC. Conlident!al Page 1
CMS-Construclion Management Services, Inc.
1 0 Fairway Drive, Suite 301
Deerfield Beach, Fl33441
954-481·1611
CMS FILE# 2101
SOUTH POINTE PARK PfER PROJECT
CJTY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33109
GMP CONSTRUCTION DOCUMENTS
COST ESTIMATE
August 31, 2012
PR_EPARED FOR:
CITY OF MIAMI BEACH
MAIN SUMMARY
DIVISJON DESCRIPTION AMOUNT
~21000 .....
02000
.lf3000
GENERAl CONDITIONS
"" '"""'"""" '"""'="""~""'
S!Tf:: WO~I${ DEMO
C0t!9RE7E
f_!JIOIST. PROTECTIOt:L
)DOORS & WINDOWS 1 """"~~~~""~~"'"''
1FIN1SHES ·~~~~..t~~-••.. ·····~~·-~~--~~-~~···
········~ !sPEC!~_LTIES I Sl(3_t,IAGE ..... .
EO!l!f'~J!HI .
'·""·"·'~·-~~-~~~-.F!J.EN!§!ilt-l~~-~~~
SPECIAL CONSTR~UCTION ..... .
}1000 ..... .
32000
1.0%
2.5%
5.0%
Prepared by Gary Weinstein 8!3112012
522
'
596,611.46[
1 3?§J21~:.Q.~J-.~·-··
11 o, 202. nl ......................................... 0.001 ·-············ ··········~······'
·····==<·-''·············
........... !U!Q:
29,l{O?cilfL~ _
·····················~--~ 95,Q~?,If!l:
.2.0Q~
.Q.OO%
0.48~·-·
. 0.71%
~-0.00% ~~~
O.QQ.~• ······················~······~··
--t!.15%
9:Q.Q~
5~3,833.89 1 12.98%
................................ 111, .. ·''~"--1~~-~--~··· 2.57%
~-0.68%_~~~-.
0.79%
~~~~~~,~~~'t?O"&
2.03%
-~--~-~~
Page 1
QUALIFICATIONS CMS-CONSTRUCTION MANAGEMENT SERVICES, INC. Confidential Page 1
CMS-Construction Management Services, Inc.
10 Fairway Drive, Suite 301
Deerfield Beach, Fl 33441
954-481-1611
CMS FILE# 2101
SOUTH POINTE PARK PIER PROJECT
CITY OF MIAMI BEACH
MIAMI BEACH, FLORIDA 33109
GMP CONSTRUCTION DOCUMENTS
COST ESTIMATE
August 31, 2012
QUALIFICATIONS
ITEM
1 THIS COST ESTIMATE IS BASED ON A STANDARD OPEN-BID PROCESS.
2 IF TYPE OF CONTRACT: 11CM -AT· RISK." ADD AJiPROXIMATEL Y 10 T0-15% TO THE COST
3 GENERALCONDlTIONSAREBASEDON A 12:MONTH CONTRACT. --· '""-·-· 'v'"'~-
··--·ITHls ESTiMATEISBASED ON DRAWINGS BY ATK-INS DATED JUNE 20, 2012:AND ADDITIONAL INFORMATION
4 IAT MEETiNG ON 8/2812012.
5 !Due to the present volatile natureol the construction market, construction materlaTcostcou!dcfiange .
!substantially prior to construction.
jAn Allo~§!Il9ifor ALL!:§EMITSgf $152,00Q:22Js Inc]yged .........
·•········
~ .Te~t!ng is lncludgf!:~~-... .. . ....
8 ~lmpactJE?~.2L21h~ruUI1ty company chargt;~s are .. f:.!OT.Jn~ludt!d. ...
Prepared by Gary Weinstein 8/3112012 Page 1
523
ATTACHMENT C
South Pointe Park Pier Project
City of Miami Beach
100% Submittal Package
South Pointe Park Pier Project
Estimate of Probable Construction Cost
DESCRIPTION
Site work Mis./Constr, Disruption Adjustments
ate (Allowance
Removal of existing pier (Allowance}
Survey and Construction layout (A!!owance}
atee Watch Personnel [Allowance)
New Pier Decking-1 x 6 Premium IPE Wood Decking
IPE Wood Decldn Cit s (Allowance)
New Stainless Steel Grating Decking-2" Deep
(Allowance
New Guard Railing-SS (A1!owam:;e}
524
QTY
118
8,500
Rev: B/26/2011
TOTALPRlGE
EA $1,00\LCO $1 i 8,000
$20,000
$1,000
$2,500.00
$120.00
$162,900
$37,713
$110,250
$370,000
$161,600
$20,000
$464,600
$360,0
SPPF Project
South Pointe Park Pier Project
City of Miami Beach
100% Submittal Package
South Pointe Park Pier Project
Estimate of Probable Construction Cost
igh grade (A 3161
Wood-Fishing Area (Allowance)
New Concrete Pavers (Allowance)
New Coral Stone Edging (Allowance\
New 12" x 12" Shell Pavers (Allowance)
SS Bike Racks (Allowance)
New Bike Racks Concrete Pad (Allowance)
Low Level Retaining Walls (Allowance)
wance)
s -on Pier, includes shipping and handling
n (Allowance)
aste Containers -on Pier, incL shipping &
.a & installation (Allowance)
Service to Pier-4" DIP
525
Rev: 8126/2011
$5,000
$9,900
$1,760
SPPP Project
South Pointe Park Pier Project
City of Miami Beach
100% Submittal Package
DIV
South Pointe Park Pier Project
Estimate of Probable Construction Cost
Fittings, etc.
South Pointe Park Pier Project Subtotal Direct Costs
General Conditions @ 12%
Subtotal
Bonds & Insurance (includes Builders Risk)@ 4.5%
Building Permit (Allowance)
Subtotal
Overhead & Profit @ 8%
Subtotal
Unforeseen Conditions Allowance @ 5%
Subtotal
Total Probable Construction Cost
526
Rev: 812612011
$22,500
$5,000
$121 028
$10,000
$60,000
$70 000
$3,601,429
$432,171
$4,033,600
$181,512
$50,000
$4,265,112
_j_341 ,209
~
$230,316
$4,836,637
$4,836,637
SPPP Project
RESOLUTION TO BE SUBMITTED
527
THIS PAGE INTENTIONALLY LEFT BLANK
528
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution repealing City Of Miami Beach Resolution No. 93-20694 which established the City's complimentary ticket policy,
and substituting therefor a comprehensive policy statement of the City Of Miami Beach regarding its use and distribution of City
tickets to events and productions occurring at City-owned venues and/or City-sponsored events.
Ke Intended Outcome Su orted:
Increase community satisfaction with city government and Promote transparency of city operations
Issue:
hall the City Commission Adopt the Resolution?
Item Summary/Recommendation:
On April 13, 2011, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and Citywide Projects
Committee (FCWPC) entitled: Discussion regarding a proposed ordinance on ethics guidelines for acceptance of gifts, favors,
or services by City Employees. The matter referred by Commissioner Wolfson was heard at the September 26, 2011, FCWPC
meeting. The item referred for discussion attempted to more broadly address the issue of potential amendments to City Code
relating to gifts, favors or services provided to the City's Officers and Employees, below fair market value, from an entity doing
business with the City or from a lobbyist. At that time, the City Attorney advised Committee members that the County's
Commission on Ethics was reviewing the issue of complimentary ticket policies; the Committee recommended that the matter
be monitored and a status report provided to the Committee.
On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit' clauses in certain
government contracts." On March 27, 2012, the COE issued an "Addendum" to the guidelines that specifically address the latter
(see Attachment H, COE Draft Guidelines and Addendum). The City Attorney's Office reviewed the COE's recommended
guidelines and on February 28, 2012, submitted a Memorandum of Law to the COE addressing the issues raised by their
guidelines, and challenging the authority of the COE to issue such standards/guidelines. It is the City Attorney's opinion that
these are matters of public policy and not subject to review by the COE (Attachment 1). In response to the COE's
recommended guidelines, the City Attorney's Office developed a proposed resolution establishing a policy for the distribution of
tickets received pursuant to a complimentary ticket program in a negotiated public benefit clause. Please refer to the attached
"DRAFT" resolution presented for review and consideration.
Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.g. only for opening night
events), with the balance of the tickets distributed to "deserving organizations or groups" that are identified, through a
Committee, once a year as being eligible to receive tickets for their participants. In addition, the proposed resolution provides
for a process for tickets to also be distributed to other parties by the City in other circumstances (e.g. visiting dignitaries, to meet
contractual obligations relating to a municipal marketing program, to recognize employees).
The Finance and Citywide Projects Committee discussed this item on June 28, 2012 and again at its July 26, 2012 meeting.
The FCWPC moved it to the full Commission for consideration.
Board Recommendation:
The Finance and Citywide Projects Committee discussed this item on June 28, 2012 and again at its July 26, 2012 meeting,
The FCWPC moved it to the full Commission for consideration.
Financial Information:
Source of Funds:
Finance Dept
Financial Impact Summary:
Amount
MIAMI BEACH
529
Account Approved
AGENDA ITEM
DATE f-/2*f~
of Miami leach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMI ION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
Jose Smith, City Attorney•
DATE: September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, REPEALING CITY OF MIAMI BEACH RESOLUTION NO. 93-20694
WHICH ESTABLISHED THE CITY'S COMPLIMENTARY TICKET POLICY, AND
SUBSTITUTING THEREFOR A COMPREHENSIVE POLICY STATEMENT OF THE
CITY OF MIAMI BEACH REGARDING ITS USE AND DISTRIBUTION OF CITY
TICKETS TO EVENTS AND PRODUCTIONS OCCURRING AT CITY-OWNED VENUES
AND/OR CITY-SPONSORED EVENTS.
On April 13, 2011, Commissioner Jonah Wolfson referred a matter for discussion to the Finance and
Citywide Projects Committee (FCWPC) entitled: Discussion regarding a proposed ordinance on ethics
guidelines for acceptance of gifts, favors, or services by City Employees. Please see attached (Attachment
D) referral and correspondence (excluding referenced attachments).
BACKGROUND:
The matter referred by Commissioner Wolfson was heard at the September 26, 2011, FCWPC meeting.
The item referred for discussion attempted to more broadly address the issue of potential amendments to
City Code relating to gifts, favors or services provided to the City's Officers and Employees, below fair
market value, from an entity doing business with the City or from a lobbyist. At that time, the City Attorney
advised Committee members that the County's Commission on Ethics was reviewing the issue of
complimentary ticket policies; the Committee recommended that the matter be monitored and a status
report provided to the Committee. Please see attached Afteraction Report for the September 26, 2011
FCWPC meeting (Attachment E).
The discussion on a ticket distribution policy stemmed from an initial investigation by the Miami-Dade
Commission on Ethics and Public Trust (COE) and State Attorney's office (SAO) in response to a complaint
by the New World Symphony (NWS) about the inclusion of a complimentary ticket program as part of the
negotiations of proposed revisions to the "public benefits" section of the NWS's lease with the City for the
NWS use of public land. The proposed inclusion of the complimentary ticket program was in keeping with
established, negotiated public benefits in other City agreements, subsequent to both a State Commission on
Ethics opinion, as well as a City resolution on the concept.
More specifically, in 1992, the Florida Commission on Ethics issued its Opinion No. 92-33, holding that City
of Miami Beach elected officials could legally accept complimentary tickets from the City (obtained via
negotiated 'public benefit' clauses in City contracts) to performances taking place at City-owned venues,
subject only to the requirement that public disclosure of such ticket receipt be made by the recipienUOfficials
on quarterly gift disclosure forms (see Attachment F, Opinion No. 92-33). In reliance upon the opinion of
the State Ethics Commission, the City of Miami Beach adopted its Resolution No. 93-20694, in which the
530
City Commission Meeting
Complimentary Ticket Distribution Policy
September 12, 2012
Page 2 of 3
City Commission formally established a procedure for the City's distribution of its tickets to performances
taking place at City-owned venues, whereby designated municipal officials and deserving members of the
community would receive complimentary tickets to such productions (see Attachment G, COMB Reso. No.
93-20694). A complimentary ticket program has been negotiated as part of resulting public benefits
programs for other venues with management and/or lease agreements, including the Miami City Ballet,
Jackie Gleason Theater and Byron Carlyle Theater.
Based on this longstanding City policy (approved as a resolution by the City Commission) and State
Commission on Ethics opinion, upon which the City relied in negotiating complimentary ticket programs as
part of public benefits clauses, the SAO closed its case on October 18, 2011, with a finding of no
wrongdoing, but referred the matter to the COE for further review on the policy elements of the issue.
On March 1, 2012, the COE released a DRAFT "Guidelines and recommendations regarding 'public benefit'
clauses in certain government contracts." The focus of the guidelines was on complimentary ticket programs
in those public benefits clauses, and what they perceived to be "flawed" policies by several municipalities
relating to such. Cities that were researched to develop these recommendations included the City of Miami
Beach, Miami, Homestead, Coral Gables and Hialeah. While acknowledging the City of Miami Beach's prior
ethics opinion on the matter, and the City of Miami Beach Resolution that has existed since 1993, the COE
raised concerns with the methodology of distribution, in particular when elected officials re-allocate tickets
provided to them through complimentary ticket programs in public benefits clauses, as this may appear to
serve a personal or political agenda, rather than meet the intended purpose. The recommendations did
acknowledge, as well, that elected officials and other City staff may need to attend events in their official
capacity. On March 27, 2012, the COE issued an "Addendum" to the guidelines that specifically address the
latter (see Attachment H, COE Draft Guidelines and Addendum).
The City Attorney reviewed the COE's recommended guidelines and on February 28, 2012, he submitted a
Memorandum of Law to the COE addressing the issues raised by their guidelines, and challenging the
authority of the COE to issue such standards/guidelines. In his opinion, these are matters of public policy
and not subject to review by the COE (Attachment 1).
CITY ATTORNEY'S OFFICE PROPOSED RESOLUTION
In response to the COE's recommended guidelines, the City Attorney's Office developed a proposed
resolution establishing a policy for the distribution of tickets received pursuant to a complimentary ticket
program in a negotiated public benefit clause. Please refer to the attached "DRAFT" resolution presented
for the Committee's review and discussion. In summary, the key recommended policy points are:
• Delineates the applicability of the policy (when it would apply);
• Establishes what "public purpose" is served by the distribution of tickets;
• Recommends a process for the distribution of tickets received by the City; and
• Delineates disclosure requirements (by the City and by the recipient).
Pursuant to this policy, elected officials and certain City Staff would receive tickets on a limited basis (e.g.
only for opening night events}, with the balance of the tickets distributed to "deserving organizations or
groups" that are identified, through a Committee, once a year as being eligible to receive tickets for their
participants. In addition, the proposed resolution provides for a process for tickets to also be distributed to
other parties by the City in other circumstances (e.g. visiting dignitaries, to meet contractual obligations
relating to a municipal marketing program, to recognize employees).
ADMINISTRATION REVIEW
2
531
City Commission Meeting
Complimentary Ticket Distribution Policy
September 12, 2012
Page 3 of 3
The Administration was asked to review the attached DRAFT to ensure that the procedures for distribution
included in the proposed resolution could be implemented without any administrative difficulty. Many of the
elements of the administration of the ticket distribution process being proposed are already in place today.
FINANCE AND CITYWIDE PROJECTS COMMITTEE-June 28, 2012
The Finance and Citywide Projects Committee (FCWPC) discussed this item at its June 28, 2012 meeting.
The Administration explained that the draft resolution and accompanying guidelines entitled City Officials to
receive two (2) tickets to a single/performance event and that 70% of the remaining tickets are distributed to
deserving members of the community, 15% distributed to others such as organizations that assist in
promoting and marketing the City through a municipal marketing agreement with the City or to persons
and/or entities that have made special contributions to the community; and 15% distributed to employees
through an Employee Recognition Program. Furthermore, on an annual basis, an advisory committee
would review and recommend a list of deserving organizations and/or groups eligible to receive tickets and
that the list shall be reported to the City Commission. City Officials who do not use their tickets must return
their tickets and tickets will subsequently be offered following the aforementioned procedure.
The Committee recommended that the item be brought back to the Finance and Citywide Projects
Committee for further discussion and then brought to the September 12, 2012 Commission Meeting. The
Committee expressed concern that unused tickets returned at the last minute would go unused and
requested more flexibility to distribute those to employees in that situation.
The attached Resolution has been amended to reflect a reference to Exhibit A for the full listing of
allowable public purposes and to reflect the reference to administrative guidelines for the distribution of
tickets. This also reflects language in disclosures referencing the responsibility of the receiving party to
know which public purpose they will use the tickets under. This also includes Exhibit B which is an
addendum to the guidelines and recommendations regarding "public benefit" clauses in certain government
contracts: Public Purpose.
The Administrative Guidelines for Distribution are also now attached as a stand-alone document (Exhibit
C), as requested at committee, and further amended to include the recommendations of the Committee in
terms of flexibility.
FINANCE AND CITYWIDE PROJECTS COMMITTEE -July 26, 2012
The Finance and Citywide Projects Committee discussed this item again at its July 26, 2012 meeting. The
City Attorney and Administration explained the draft resolution and accompanying guidelines and discussion
took place. Most of the discussion focused on whether or not elected officials will be able to offer their
tickets to another entity or individual. The Administration explained the attached draft resolution and
accompanying guidelines require unused tickets to be returned to the City Manager's Office for
distribution according to the Ticket Distribution Process (Exhibit "C"). The Administration also explained
that a webpage will be created on the City's website to show how the tickets are being used. The
Administration revised the City's ticket distribution form to include space to easily list the public purpose
when tickets are distributed. The FCWPC moved it to the full Commission for consideration.
CONCLUSION
The Adminsitration and City Attorney recommend the Mayor and City Commission adopt the resolution.
ATTACHMENTS (A-I)
T:\AGENDA 12012\9-12-12\Complimentary Ticket policy Memo.doc
3
532
EXHIBIT "A"
ACCEPTABLE 'PUBLIC PURPOSE' USES {BY CATEGORY) OF CMB TICKETS
(PER CMB RESO NO. , II.)
1. Economic development of the City, including the promotion/exposure to, marketing
and awareness of tourism, nightlife, recreational, educational, and cultural facilities
or attractions on City property or awareness of the City as a regional destination,
economic asset or business opportunity;
2. Promoting or showing City appreciation for programs and services rendered by
community and other non profit resources for the benefit of the community,
including artistic and cultural organizations and institutions;
3. Advertisement and promotion of City-controlled or City-sponsored events, activities,
or programs, public facilities and resources;
4. Monitoring and evaluation of City venues and the quality of performances therein (in
particular, attendance at opening day events at City-owned venues), and/or
monitoring and evaluation of the value of City-sponsored events and their
compliance with City policies, agreements and other requirements;
5. Information gathering and education regarding matters of local, regional and state
wide concern that affect the City including enhancing intergovernmental relations
through attendance at events with or by officials from other jurisdictions;
6. Promoting, encouraging and rewarding educational and athletic achievements by
students and officials of local and regional educational institutions;
7. Promotion of City recognition, visibility and or profile on a local, state, national or
worldwide scale, including exchange programs with national and foreign officials
and dignitaries, and as part of any marketing promotions with municipal marketing
partners, or as may be required by contractual obligations with municipal marketing
partners;
8. Attracting and retaining highly qualified employees in City service, including special
recognition or reward of meritorious service by a City employee;
9. Performance of a ceremonial or official function on behalf of the City, not otherwise
set forth above, including but not limited to the following:
a. Hosting leaders of community service organizations (organizations that serve
the disadvantaged, senior citizens, disabled, ill, children, etc.), dignitaries
from municipal, county, state and federal governmental entities; dignitaries
and business leaders from other countries; youth groups, student leaders,
and recipients of awards; and/or elderly, disabled or low-income City
residents;
5
533
b. Hosting constituents as (a) a designated official appointed by the City
Commission, or (b) upon invitation of the event(s) organizers or some other
person or entity authorized to extend such invitation;
c. Hosting groups of employees being specifically recognized for job-related
achievements;
d. Being officially recognized by sponsors of event in a printed program or other
public announcement;
e. Performance of one of the following functions in one's official capacity as (a) a
designated official appointed by the City Commission or (b) an individual
invited by the venue:
1. Introducing organizers, participants or dignitaries;
2. Recognizing the contributions of organizers or staff;
3. Receiving or giving an award or other special recognition;
4. Giving a speech;
5. Greeting and welcoming attendees;
6. Ribbon cutting;
7. Leading the pledge of allegiance or national anthem;
8. Acting as a Goodwill Ambassador, as designated by the City Commission;
9. Assess facility needs, proposed changes and constituent concerns in
response to a documented complaint specifically addressed to the
attendee.
6
534
EXHIBIT "B"
MIAMI-DADE COUNTY COMMISSION ON ETHICS AND PUBLIC TRUST:
ADDENDUM TO GUIDELINES AND RECOMMENDATIONS
REGARDING "PUBLIC BENEFIT" CLAUSES IN CERTAIN
GOVERNMENT CONTRACTS: PUBLIC PURPOSE
(PER CMB RESO NO. , II (f.n.#1 )).
(see attached)
7
535
3H is the intent of these guidelines and recommendations concerning the distribution of
tickets and other public benefits, obtained by governmental entities through contractual
negotiation or other exercise of public authority, to assure that these benefits, which are public
property, shall be used and distributed for a public purpose. The overriding principle behind
these suggestions is to curtail the private usc ofthese public benefits by government officials
and employees for their own personal benefit, directly or indirectly. In addition, these
guidelines are established to provide guidance to such officials and their employees, as well as
their advisors, in order to avoid possible future misuse of such public resources. It is hoped
that this will also increase public confidence in the integrity of govemment in its use of such
resources, as well as help to remove the perception that elected and other govemment officials
distribute these puh!ic benefits with unfettered discretion and for purposes inconsistent with
the proper disposition of public property. Further, it is the ofthese guidelines and
recommendations to make clear that public benefits may be utilized under ce1tain permissible
circmnstances by elected and other govemment officials and employees where there is a
genuine, legitimate and articulable public purpose involved. To that end, we have set forth
below a list of suggested permissible public purposes :for government officials, staff and
employees to consider when it is appropriate to use, for themselves or others, public benefits
contemplated by these guidelines. The foregoing list is not exhaustive. The Commission on
Ethics is always available to provide an opinion to an inquiring public official or employee
regarding whether any particular use or method of distribution is ethically acceptable.
A. PERMISSIBLE PUBLIC PURPOSES FOR STAFF
EMPLOYEES
l. Host business leaders to promote economic development;
2. Host leaders of community service organizations (c. g. organizations that serve
the disadvantaged, senior citizens, disabled, ill, children, etc.);
3. Host dignitaries H·om municipal, state and :federal governmental entities;
4. Host dignitaries and business leaders from other countries;
5. Host youth groups, student leaders and recipients of awards;
6. Host elderly Miami-Dade County residents;
7. Host disabled residents;
8. Host low-income residents;
9. Host constituents as: (a) a designated official by the Commission, Chairperson,
Mayor or some other person delegated that responsibility, or (b) upon
invitation ofthe event organizer(s) or a person or entity authorized to extend
such invitation;
10. Host group(s) of govcmmental employees being specially recognized for job-
related achievements;
11. Being officially recognized by the sponsors of event in a printed program or
other public announcement
12. Performing one ofthe following ftmctions in one's official capacity as: (a) a
designated official by the Commission, Chairperson, Mayor or other person
delegated that responsibility, or (b) an individual invited by the venue
536
1
a. Introducing organizers, participants, or dignitaries;
b. Recognizing the contributions of the organizers or staff;
c. Receiving or giving an award or other special recognition;
d. Giving a speech;
c. Greeting welcoming attendees;
f Ribbon cutting;
g. Leading the pledge of allegiance or national anthem;
h. Acting as a goodwill ambassador designated by the Commission/
CounciL Chairperson, 1'1ayor or other person qualified to delegate that
responsibility;
1. Assess facility needs, proposed changes and constituent concerns in
response to a documented complaint specifically addressed to the
attendee;
J. Attending the opening day game or performance of a County/City-
owned facility.
B. OTHER PERlVliSSIBLE USES OF PUBLIC BENEFITS
1. Distribution to residents on a publicly-advertised first-come, first-served basis
or by lottery;
2. Sell to members ofthe public, if permissible, with the proceeds going to the
general fund or a specially-designated public purpose;
3. Return to donor in exchange for monetary value, with the approval ofthe
governing body ofthe County/City;
4. Allocations to:
a. Non-profit agencies for distribution to individuals served by the
organizations;
b. Schools/students or youth athletic leagues;
c. Bona fide organizations that represent needy individuals, which
organizations have no a±11liation with the public official providing the
benefits or the official's immediate family;
d. Community based organizations for distribution to individuals served
by the organizations.
5. Allocations to the following based upon their contributions to the community
or local government:
a. Employees, as part of an employee recognition program with defined
criteria;
b. Residents >vho have made special contributions to the community, as
established by defh1ed criteria;
c. Unclected members who serve without pay on County/City boards;
County, State and/or federal officials or local officials fi·om other cities,
in recognition of significant assistance to the local government;
d. Businesses and institutions which have contributed to the welfare ofthe
County/City;
f Visiting dignitaries or foreign officials.
2
537
1. The following City Officials shall each be entitled to receive two (2) tickets to a
single performance/event. An Event shall only include one performance during
each production engagement or run at the City venues or for the City-sponsored
event or other event
* Mayor City Commissioners
• City Manager
• City Attorney
2. remaining tickets shall be distributed as follows:
a.
The City Manager shall create an advisory committee a list of deserving
organizations and/or groups eligible to receive tickets. Such advisory committee shall
meet no less than once year to review the list of deserving organizations and/or
groups eligible to receive tickets. Deserving organizations and/or groups on the list shall
be eligible to receive, on a rotating basis, a maximum of four (4) tickets to a single
event. The list of deserving organizations and/or groups eligible to receive tickets shall
include the following categories:
• Non-profit (legally established tax-exempt) who serve
residents of the City of Miami Beach, for distribution to individuals
served by the agency;
• Local educational institutions for use by deserving students;
• Senior citizen, disabled persons, and disadvantaged youth who: are
residents of the City; do not have the financial ability to purchase
tickets; and, participate in any City-sponsored program.
On an annual basis, the advisory committee's recommended list of deserving
organizations and/or groups eligible to receive tickets shall be reported to the City
Commission.
b.
The City Manager is authorized to create an "Employee Recognition Program" setting
forth defined criteria for the award of tickets to exemplary City employees. This Program
shall entitle selected City employee with two (2) tickets to an event. City
employees shall also be eligible to receive two (2) tickets to an event on a first-come,
first served basis.
8
538
City employees may not use tickets for an event if the event conflicts with the
employee's work schedule and the employee has not secured the appropriate leave or
permission of his Department Head and corresponding Assistant City Manager.
In the event that no City employees are provided or request tickets, these tickets may
be distributed to deserving organizations and/or groups eligible to receive tickets
pursuant to the criteria In Section !II (B) 2 (a) above.
c. Others (@15% of remaining tickets)
d.
The remaining tickets may distributed by the City as follows:
L City may create a "Special Incentive Award Program" for the
purpose of distributing tickets to persons and/or entities that have
made special contributions to the community, or to individual civic
leaders, including visiting dignitaries. This Program shaH have
defined and such criteria shall be provided to the City
Commission; or,
iL The City may provide the tickets to organizations that assist in
promoting and marketing the City through a municipal marketing
agreement with City, to the extent that such use is permitted by
the entity providing the tickets.
9
539
Ml
OFFtCE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: M.
FROM: Jonah Wolfson, Commisslonep
DATE:
not
JWI!h
. -··---.··· --... ----.-.]
; • :' ·~ :· ~ ! , ; : • ' ' ••• : l ,: ~ '~
81 :::; ~;J 91 K·~·:.liiDl.
• 0 ; ••• •• ·: : 1
' ,; .:.. ~ ~ 1 •• ~ v .,.;,. u
5 0
March 12, 2011
MEMORANDUM Commissioner Jonah Wolfson, City of Miami
FROM: Frank Del Vecchio, 301 Ocean Drive, Apt 604, Miami FL33l39
SUBJ: Ethics Guidelines Acceptance of Gifts, or Services by City Employees
I the city commission a of, conduct prohibiting the
from a favor or service discounted below
fair value an entity doing business with the city or from a lobbyist.
2-449 of the Standards of Conduct "Acceptance gifts, favors. , is the
appropriate section of the city code fo~ such an amendment [Attachment 1.]
United States Depart:rn.ent of Justice Ethics Office
to
to
75
541
Amend Article VII. Standards of Conduct, of Part II, Subpart A, Chapter 2, Miami
City Code, by adding a sentence to Section 2-449; the amended subsection to as
follows:
No officer or employee of the city shall accept any gift, favor or service that
m!ght reasonably tend improperly to influence him in the discharge of his official
[Language added underlined,]
11
542
Vecchio, Miaml
pro1~e~d that the
and accepting a
market value for . an entity dOing busf~
Mr. Vecchio provided examples from the United
states Department of Office Handbook on acceptance of gifts by fedetat
employees. Discussion ensued. City Attorney Jose Smith stated that Miami-Dade
County is au~Te~ntiy reviewing the issue. 1'he Committee recommended that
Administration monitor the county regarding this issue and provide e status report to the
Flnance & Citywide Projects Committee.
3. Diacuulon regarding Security Alliance
AgJtON
The Committee recommended that the Administration begin the Request for
Proposals (RFP) proceu for security ~rvicea and rnclude the new criteria
mentioned In the meeting as part of the evaluation process.
Procurement DMsion Director Gus Lopez presented the item.
Beginning in or around at least the late 1990's and continuing until in or around March
2007, the defendant, JAMES B. LOFTUS, JR., and Brian W. Ouellette oocupled high-
level security positions at Rooms To Go ("RTGn), which was a Florida oorporetlon with
its principal place of business in the Middle District of Florida. 1n those positions, the
defendant and Ouellette were .Qiven substantial discretion by RTG to handle security-
related matters entrusted to them.
Without RTG'& knowledge and approval, however, the defendant and Ouellette created,
among other entitles, Lot 49 inc. and Wiley Management Corp. ("WWley Managemenr),
~~ly to cmab!~ th~mulws to ~tty receive kickbacks from an outside eecurity
vendor named Security Allianoo, U.C, alk/a Security Alliance of Florida, LLC ("Security
Alliance"), which RTG had retained to employ and manage Its security guards.
Unbeknownst to RTG, Security Alliance had created another company, Choice
Management Solutions, LLC echoice Management"), to make these kickback payments
to the defendants and OUellette.
To conceal and cover-up these kickbacks from RTG, the defendant and Ouellette,
among other things, secretly prepared sham invoices addressed to Securlt.y Alliance and
Choice Management which fraudulently sought payment for "consulting" services, and
which required that such payments be made indirectly to the defendant and Ouellette
2
110
------------------------~543---------------------------
CEO 92-33-July 17, 1992 1 of4
--July 17, 1992
TO
To: (Name withheld at request.)
City commissio:nera received a not a of office, the them
a block of tickets to pmo:rmances at a mu:nicipally~cr\Jta.ed theater. which the city
receives as a condition of with the producers. However, there is no
....., ......... ~~,.u.u that the are gifts a lobbyist or from a
or principal of a lobbyist who lobbies city ..,..., .................... "......,
ma:ioailon that the city contract ~er is a lobbyist who lobbies
""""'""""''"' of Section 112.3148, Florida Tims, the ....... v.>-Uu'""'"'
conml:l:saiiin may accept sets of tickets, but the ..,u ................. ....
~o1e&UJ $100, the mmt disclose
your mitialletter inqu.iry and through subsequent correspondence md discussions with our
staff, we are advised that City of lvfiami Beach o'\vm and operates a perfo1.!1'1ing aruf theater where
ballets, and oonoorts ere to the pnblio. You advise that the City has entered
into two contracts at the theater. City
a contract with a company which that the City will be provided 26 per
performance for e/Verf evem staged at the theater. For Broadway s:hows. the City contracts directly with
a producer$ and that contract requires the producer tc give the City 20 tickets for the opening night
prirmm::te'6 and 10 ticketa for each perrormmoo during the remainder of the show's flll:1. Thus. for a
typical Broadway show: the producer gives the City a total of 170 tickets~ md each Comm.issioner
..... 1'"'"''"'" 20 ti~.
The efl:!~cteH1 in the following manner. Prior to show or
Commissioners allotrnenl of tiokets m an envelop~ and
UJJ:Dmli!BJ.om:rs by personnel in the lv!ayots Office. Commissioners m::e
then to me or tickets to at their discrntlOXL You question the ~lieability of tho
provisions conmmed in Section 112.3148, Florida Sta~ as well as the Commission's
promulgated in Chapter 34-13. Florida Administrative Code, to th:ia sitwltioll.
Section 112,3 12(12). Florida StatUtes, contains the following definition
http://www.ethics.state.fl.WJ/opinions/06/ .. %SC92%5CCE0%2092~033.h:tm. 6/25/2012
544
-July 17, 1992 2of4
required by law, memz that which is accleptfHl
""'"''" ..... on me behalf. or vvhich is
......,.,.,vw.1 indirectly, or
which equal or
or to
service or having an attributable value
not a.b::eady provided for this section.
1Giftl does not include:
L services, or
rec:rj:ne,nrs employment.
It is our view that these would not be 11 bemefits''
Camx:L!issioners' public Twenty to a Broadway show was not the type
when we promulgated this The me of me ten:n "benefits" Rule 34-13.210 was .u:o•~, ....... ...,.
convey typically one1s such as health mmzrm1ce,
or paid parlci:ng. It was not intended to include such number of tickets to
perfo::mmces. Thus~ we are of the vi6W' that of would preclude
them i:om being considered a gift.
focus of om ttmm to 112.3148, ...... "u ..... .::o!4!.u.~.~;;~>,
.,.,.,.,,,.,,.r;.,.,,.,. ma1V1Clllill or"'"""''"'"'""""""
""~'~"'t'~>.nr to an agency that
'!"P.aim·m<wl or other designation process
mnuence disci!!io:rrrru!kirtg or to encourage the 1-'tlbl~""o""•
or of any proposal or recommendation by agency or an
employee or official of me the term "lobbyist" includes only a
who is to or otherwise as a
lobbyist in with or 1aw or was
545
6/25/2012
\
j'
CEO --July 17, 1992
12 months .,.,.,T,,.,.., •. r1 to registered or
lobbyist in with such
o:ramru::Jce, or law.
(4) A reporting individual or or my other
on behalf is prohibited from knowingly directly or
a gift a political or continuous
........ Q..,.."'"'"• as defined s. 106.011, or a lobbyist who l.Obltnes
-... ~·~-·"' individual's or procurement employee's agency, or uu.""""'Y
on behalf of the fum, employer, or principal
lobbyist, if knows or reasonably that the gift has a
excess of $100; however, ruch a gift may be accepted by such
behalf of a governmental entity or a charitable organization.
accepted on behalf govern.menw entity or clwitab1e
parson receiving the gift shall maintain custody of
period beyond wt reasonably to mre:nge
of custody and of the gift.
(5) political or a of oontinuDUB ........................ .
as defined ins. 106.011; a lobbyist who lobbies a reporting individual's or
employee 1s agency; the partn.er, :fum1 ero.ployer, or pru1mpa.J.
a lobbyistj or on behalf the lobbyist or ... ~.-~!"1'1-
"'"' ..... ""'l'·w.. or employer of lobbyist is prohibited
..,,.,...,-.r,., or indirectly, a tha.t has a value
!~IO:rtmg individual or procmememi
nn'tl:tAu,to~r such person
l'e'DIJmilS£ individual or prcicm:em.ent
mteli!.ilfl!l to transferred to a gov·ernme.:Jtltal
organization.
(6)(a.) Notwithstanding provuno!l..!! subsection (5), an entity
of the legislative or judicial branch, a department or commission of the
executive brmch, a a municipality. an airport authority, or a
school board may give, eitb.m' directly or indirectly. a gift having a value
excess of $100 to a:ny reporting individual or procurmnent employee if a
public pu.:rpose em be shown for the gift; . . . .
(b) Notwithstanding the provisions of subsection (4), a reporting
individual or procurement 5m.ployee may accept a having a value in
excess $100 from an entity of the legislative or judicial a
department or commission of the executive brmch, a county, a
mu:mc1pahty an airport authority, or s. school board if a public purpose
the gift; ....
Subsection 112.3148(4) would prohibit a City from accepting a
3 of4
in excess 00 from a lobbyist who lobbies t:he City, or partner, fum, employer, or prtncl;pe.l.
of a lobbyist. While we public employees can and do attempt to icilum:1ce
"'""'"'"'" of the of we do not believe that the definition of 11lobbyist11 was
!.ll.~, ...... ,, ... to persons or their duties with :respect to their own agencl4~S ,.._,,.,c;1ri'h,·r ..
"1obbying.11 thore any indication tba.t the City Contrs.ct Manager m tbis instance is
behalf of s. firm., employer. of principal of a lobbyist who lobbies !he City. Accordingly,
out view that 112.3148( 4), Florida Statutes, is inapplicable to this ooenmo.
Subsection112.3148(5) prohibits a lobbyist who lobbies the City Beaoh, o:r the
:fum. ·employer, err principal of a directly or indirectly giving a gift with a vW.ut ir1 ~~
of $100 to of the City the reaso!l..!! stated in the we do
http://www.etbics.state.fl..us/opinions/06/ .. %5C92%5CCE0%2092-03 3.htm 6/25/2012
546
CBO 4of4
L:OJ:lttact ... v,.......,'l!!i'" ... as a. lobbyist who lobbies the City Concmission,
Thus, Subsection 112.3148(5), is fi_,._A ... ,_
our a:nalysis.
With regard to Subsection 112.3148(6), Florida we co!lBtrue
exception to the prohibitions contained in Subsections 112.3148(4)
for goverm:nental entities who are engaged in lobbying For exa:mple.
a lobbyist to lobby the Legislature fo:r additional funding the arts
member of the Legislature theater tiekets worth more tha:n. $100,
Sta11:Ute:a, would he applicable md a public would to exist both
give the tickets to the members of the Legislature. and to
We do not view the situation before us to one of thls
to
uosf~Ctlons 112.3148(4), (5). nor (5)
"'"'"'""'"''"' t.b.e the City receives pur<SUaJilt
~.,.;oinmlsm~onem may accept the
Smtutes. Thus. face value of
Coxmml!!sicl:tmr "'"'"'"'""-exce'eas $100. Commissioner must disclose
we ha,ve promlliga.ted specifically for
,,.,,,.,.,.., is answered accordingly.
http://www.ethlcs.stat.e.flralopiniom/06/ .. %5C92%SCCEOo/o2092-033.htn
547
meJnOe!l:'s of City
con~rac·ts. we me of the
accorrum.ce with
"'"""'"'"'" a
on
6/25/2012
A RESOLUTION OF THE C!TY COMMISSION OF ThE CITY OF MIAMI
BEACH, FLORIDA, PROVIDING THAT COMPLIMENTARY TICKETS FOR
i:>ERFO!UIANCES AND 'SVENTS AT TOl'A AND THE CONVENT.ION CENTER
WHICH WOULD OTliERWISE BE RECEIVED BY THE M:AYO:R, CITY
COMMISSIONERS AND CITY EMPLOYEES SHALL HEREAFTER BE MADE
:l\VAI:LABLE TO DISAD\'1\NTAGED YOUTHS, DISABLED PERSONS,
SENIOR CITIZENS AND O'l'li:ER HIDIV!DtrALS DO DO NO:t' ll:l\.Vlil 'l'EE
FINANCIAL ABILIT~ TO PURCHASE TICKETS ~OR CULTURAL
EVENTS, I
WHEREAS, pursuant to contracts between the City of Miami Beach
and producers and promoters of performances and events of the city
of; Miami Beach Theater· of the Performing Arts (TOPA) and the ~!iami
Beach Convention Center, the Mayor, City Commissioners and
employees currently receive tickets for various events and
performances occurring at those facilities; and
VffiEREAS, the City Commission believes that these tickets
should be utilized for the benafi't of disadvantaged youths,
disabled persons, senior citizens of the City ami other individuals
who do not have the financial ability to purchase tickets for
cultural events; and
our fine senior citizens and other individuals who do not have the
financial ability to purchase tickets for oultural events; and
WHEREAS, city sponsored programs for the use and benefit of
the disadvantaged youths, disabled persons, senior citizens and
other individuals who do not have the financial ability to purchase
tickats for cultural events are necessary and proper; and
WHEREAS, organizations, such as the Miami Heat, have created
programs for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THlil GI'l'Y COWii92IOl:l OF TEE
CITY OF MIAMI BEACH, FLORIDA, that:
ll That the :following City Officials shall receive a max1rnurn
of four (4) complimentary tickets for one'performance of
all new productions or events at TOPA and the Convention
center for which such tickets are available:
(1) Mayor and City Commissioners
(2) City Manager
--------------------------s4a----------------------~~-
(J) City Attorney
The following City officials shall receive a maximum of
two (2) complimentary tickets for one performance of ell
new productions or avsrrts at 'l'Cl?A and the Convention
Center for which such tickets are available.
(1) Simior Assistant City Mahagar,
Admini<rtrator
(2) Chief Deputy City Attorney
contract
2) Any and all remaining tickets shall be donated to
disadvantaged youths, disabled persons, senior citizens
of Miami Beach and other individuals who do not have the
financial ability to purchase tickets for cultural
events.
3) The city administration 10ha1l develop guidelines and
procedures with regard to the administration
of thh program and ehaU submit said guidelines and
procedurea to the City Commissi-on for final
n-7, RESOLUTIONS (CONTINUED)
o, DISTRIBUTION Of COMPLIMENTARY TOPA/GONVENTION CENTER EVENT TICKETS.
l, DECEMBER 29, 1992, MEMORANDUM FROM MAYOR SEYMOUR GELBER.
a. A RESOLUTlON OF THE CITY COHlilSS!ON OF TilE Cl'IT 0!' MIAMI !lEACH, fLORlllA,
PROVIDING THAT GOMPLIH~TARY T!CKETS FOR.PERFORMANCES!fu~O EVENTS AT TOPA AND
THE CONVENTION CENTER YHIDH ~OULD OTHERWISE BE RECEIVED BY THE MAYOR, CITY
COMM!SS!ONERS, AND CITY EM!'l.DYEES, SHAU. HE!'U!AFTER BE HA.!lB AVAILAbLE AT A
DISCotnn: TO SEl'I!Ol!. !l!TUEMS RESIDING 111 MUM! BEACH, WITH THE RE\JEi<UE FROM SA!O
SALES TO BE ADOEtl TO THE DN~ DOLLAR TICKET EURCHARGE BANK ACCOUNT FOR BXP.ANll&!l
'fUT'JR!l SENIOR CITlZEN l:JXSCOUNTS BY Tlli1. A!l!l!TIONAL PORCHASE OF T!CKETS FOR
GENERAL PERFO!illAilOES AND RESALE TO S!!tliOR CITIZENS RES!Dl:Ntl AT Hlfu'!I BEACH AT
A DlSOOUNT OF 50% OR MORE. (REQUESTED EY MAYOR S~OUR GELBER)
2, OECEl1BER 29, 1992, HF.MO!WIDUH WROH CITY A'ITORNE'i,
a, A RESOLUTION OF THE G!T'l COf!lilSIHON OP TilE CITY OF UIMI BEAD!!, :Fl.ORIDA,
PROVIDING THAT COMPLIMEWTARY TICKETS FOR PERFORMANCES ~~D EVBN!S AT TOPA AND
THE CONVENTION CENTER 'mUOll \lOULD On!ER\1!8E BE RECEIVED !IY n!E liAYOR, Clrt
OOHH!SSIONER8, AND CITY EHI.'l.DYUS, S!W.L HEREAFTER BE MADE AVA!LAlll.E TO
DISAJllJAN'l'AGEll YOO!HS, lliSASL!>ll PUSDNS, SENIDl!. CI'UZENS, AND OTHER INll!V1DtlALS
lroO ilO NOT HAVE TilE HNANClAl. ABIUTY TO PURCBASE TICKETS FOR 0\JLTIJRAL E\IEN'fS.
(REQUESTED !IY COMMISSIONER NEISEN KASDIN)
3 !lECE>lBER 29, 1992, MEMORANDUM FROM CONTRACT ADMIHISTRATOR ~ORMAN LITZ, TO
COHHISSIONER SUSAN GOTTLIEB, REGARDING COMMUNITY BENEFIT COMMITTEE (CBC) FOE THE
PERFO~~ING ARTS, WITH RESOLUTIONS, FINANCIAL STATEMENTS, Mih~TES, ETC,
Joel Arnold, FTC-Florida, Inn, counsel and CBC Chairman, advised that Pte
tha~ ~:aula of fr<>e tickets >Ills improper l th4t FTC GUggastad (amioned by C!lC)
that tha City Manager establish the ticket distribution procedure, with the users
afforded an opportunity to diacu~s any proposed procedure before implementation,
Go~missioners offered several suggestions, including;
Thee chs Co~~ission address the issue of the number of complimentary ticksts when
nmewel of the l:'TG contract. (Cornr, Gottlleb)
That the request staff to advise producers that it would no longer
aac.apt the tickets. (Comr. Paatlson)
That tha Commission a resolution indioetl.ng t:hat l. t no longer wished co recel.v@
chess quantities of , and ask a oornmittea to develop a plan for Commission's
consideration char would address the issues rsiaad. (Mayor Gelber)
That the Administratlon/SMG survey tha ticket distribution polieyjpractice of other
such fseili.tl.u and submit ceport/tecommendadm; for Comm.lasion' s eo:msideratl.on.
(Comrs. Gottlieb and Kaadin)
ln ruponse to Commissioner Gottlieb's inquiry, the City Attorney advised that "lthough
no rasolution had been ndoptod the policy, it was written into the eontrocts
which ware authorized by resolution, approving the receipt of tickets by the
Giry, Commis"iomn l'"ulson concern that under ei t:h"r proposal, the t:ieket.s
would continue to flow to who would be making the cont:ract:s wl.t:h producers.
2. aesolution No. 9J-Z0694 adopted. _,._ -' . ,, (Vote: 7·0.)
Cornminioner Pearlsor. advised the Admiuistrat:ion th~t h" no lmoge:: )/ished to ;:::llcd.lr~
any tickets, and it may direct them u it wished (suggested they be given r:c tho
Personnel Director for an employee incentive and emplayee•of-the-month program which
he was attempting to create with the new Personnel Director). Commissioner Go'ttlhh
advised of ha& l2/2l/92 letter to tha City Manager that ahe would no
secept tickatB for any event in TOPA: and Commissioner advised that he
"""t a "imil"r ler:tl!r to the Man .. ger.
th.u:ing th" dt .. eU3,ion, u.,.,.i .. mionar Ei .. "nberg
inacouracy and erroneous Lmpreesl.on left to the
this ,,.;tter.
di!H!!Oti..ofmc<:ion with the
the IHBllil 1l~r11ld erticlea on
Note; l/5/S3 latter from PTG-Florida, Xnc. , exptlluing concerns reg.,rding th" proponl
to disburse t.icket~ via the Citizens tlertefit Committee, subm1ct:ed at meeting and
filed with ~:he records.
J~"'UARY 6, 1993
-------------------------550~----~~~~~-----------
Poorwmt to the Bt:hicil Cmmrili!sioo's em.btmg the put!mse
:is to serve as the guardian of the public trust by, among other t.binas, cdtl!~tg
appointed officials and other public servants e to the required standards
Commission is empowered to exercise all powers either specifically 5' ... ,....,.
of those cnumerat.Qd powers. Accordingly, after the conclusion of a
Com1ption Unit ofthe Miami-Dade State Attorney's Offioe
Ethics (COE); we felt it appropriate to follow up on conoems ide1ntjlied
and suggest recommendations and guidelin~s to address those OOil(fe~:m.
involved a grant dispute between the City·ofMiami Beach \V1VLLJ.1 ~a:u
Symphony (NWS). The initial complaint was niade by a prQmi!ltelf
Miami Beach mayor who was also the Chairman of the Board ot-'.lfi.tJ~r.s
allegation was·that the CMB was refusing to pay the NWS monies
Agreement (GIAA) unless the NWS provided the Mayor, CoJ:ntn:i~ij::meJrs
Administrative staff with complimentary tickets to NWS p«Jfon:-oes.
memo is attached hereto as Exhibit 1.
Although the joint investigation did not uncover any vnu;c.uor•n
expose flawed· policies that have resulted in unwarranted and imp1'J:opria1:e bl=ncfits
and appointed officials. Elected and appointed officials can explOfll
them with thousands of dollars worth of tickets to coveted events .)llSIPfed.
that have a contractual relationship with the local governments
Moreover, further investigation has shown that several other munic:~palmi;:&
1 Section 2-1 065 of 1:he Code of Miami-Dade County,
551
1
i
' to \ 1
' 1 2 j
!
' I
as
A
be it re-solved by the Commission ofthebi{Y ofMtamt
.uu,dwn. N'lr.,,..,.,,., that; 1""
1) The following City officials a ~r (4)
complimentary tickets for one peiformt:mce of all new pr
and the Convention Center:
(1) members of the Ci{Y Commission
(2)
(3) City Attorney
-r.,.,,,,... ... n.-.. City officials shall recetve a maximum of two ~ complimimta
tickets for q[all or events 1 TOPA
Convention which such tickets are available: ·t·
(1) Senior Assl$tant City Manager, CcmtractAdmmi . ator
(2) Chief Deputy City Attorney .
2) Any all shall be donated to disa~ntagedyou:rn.t;
dtsabk.d persons, aenior citizens ofMiami Beach and other ~dividuals
not have the financial ability to purchase tickets for cultural vtmts.
3) The City ad;ntntstr·attc:m shall develop guidelines and
nrtlnt:~tmr.2.~ with to the administration of this progr.
saldguidelines appropriate procedures to the
552
2
con1mttt~ apPointed by the Ctty Manager shall meet k a pf
or~~e:m:tzattoi'ZS m"lnh~,. groups eligible to receive promoti tickets ... the ltsll
ur;t'iatl01ti every quarter. . 1 1
2) A current list oflooal organizations or civic P1'fJU:n.'l
which a rotation of recipients shall exist.
3) Dcmamd promotional tickets
fondraisers ...
ten (1 0) promotional tickets shall
one show/event.
a representatiVe from an organization receives the tickets
Jrf(c.miZimoim~ will a form rrni J"etur
CttyMo:nager's Within two ofthe show/event ..
not return the complePJdform, then the City Manager will
tickets to that organization ...
It mould
553
3
by nrat'!t.wr.l'! is likely to
favor with blocks ofl,C!UmtiW. vctm-s and/or
I tis
20694)
event a policy or procedure that imulates ele(:t~li
involvement process ofthe ...................... ,
to when there is a public nurr1n11P.
554
4
a public one.
property
public purposes is """"''"'""'":!
City of Miami
UWUl:Wlii:m (SETf), .....,...,,.iUA
~~••;;wo.u• City ~v.u;.ua15,"'
'
and. the City Ma:oa.ger eaoh received two. (2) tickets per session for
sessions plus a. parking spaoe for the SETT. A City official advlise4
tid.<.ets are provided as part of an agreement between the City's !JeJ$arlll:le
Management and MiamikDade County for use of the Marine Stadi~tn
official in the City advised that he gives th~ tickets away to ''iii
people. •• Thus, we see another example of elected officials using
in a manner that inures to their personal or political benefit In pmqtioe, the *'public ', a....;r.,...,
little, jf any, benefit, from suoh a. self -irlterested mode of dimiuut;Lv;u,
Inquiry into similar practices by the City of Homestead (
lease agreements for the Homestead Sports Complex and the Bom~stel!td
, Agreements"). For eaoh event held at the complex (pursuant to the
La. Ley Sports at the City of Homestead, Inc.), COH receives: the
forty ( 40) sk.ybox ticket~ and twenty (20) parlcing passes. .ntr:mw:rt~to
Homestead Motorsports Joint Venture and Ralph Sanchez, COH
complimemary general admission tickets, the use of two (2) skjibo:~s. and c•OJ:ni:dim
tickets for each seat in the skyboxes for each event held at the sp
ofCOH are granted a twenty-five percent (25%) discount off of the
motorsports events held at the speedway. Each eligible employee
two (2) discounted tickets.
555
\
!
: . .. 6
556
taken by the recipients in his or her public role.
official does, of course, subject the official to the gift reporting
the tickets exceeds $100.00.
A~;ttnt'1an® v mrt gf otfipim c!tYiomm.tY business:
Investigation also determined that, in addition to the m:yJ:iaq
punruant to "public benefit" clauses, eleQted and appointed omow$
numerous events as a matter of"offioial city business." \ : :
Attendance at ••official city business" events generally doe' not require · ~scloSttre u
long as the elected/appointed official is, in fact, performing some ~fide official at
the event (see generally~ FSEC opinion 01-019). However, it d be noted that
ventl~to official . ' <'
city business. ·~official functions" can include, but are not limi.ted o: participating ' 'a ribbon
cutting, giving a speech, or leading the pledge of allegiance.
There may aJ.go be occasions when, due to the presence of
special invited guests. it will be appropriate for officials to atl:end
persons as representatives of the local government Such oooo.si
to special occasions mlher than regularly scheduled events, and o
designation by the coooty/city government to those officials in atte¢t~m:oe.
7
55~7~---------------------------
It is willkely that
1 1 ~ mdividi.m.l," includes "(a) (I,) is elected to office in
' state, and every~ who is appoi:nLed to n vacancy fur in
112.3145(1), Florida St!rtuts.
it is that e!e,m;:u officials extreme ~tion
to gov·anmeJ(lt
is excess of $100.0 .
( 4) Dlsala:m:re. Any person included in the term de
through (6) shall disclose as provided herein any gift
reC<om:~LllMtdaiioo is
v~·-Q~isan m
It is
to
560
public
It
is to
"public benefit1s"' ru.Jivwl ...
am:J•omtec officials.
bexlettt" clauses, as long as
We want to underscore. policy stat:ement.
they MJ.U'LU ...
them roles_ ti DHo:VUIIJ.Ii.JlV u•~IO .... LU.l'wU,
benefits should benefit the. public;
................ UleJmei!ves with It is une1WlOIU,
n
of
1.
2.
5.
"be by your ~X~Wrtituency is
4 ~in-"-"(a)(!.) nv..yp"""' who;, .too""' to officcJ ~ and eVIffty ~ wllo is appointed to fill a vacancy fur tmm td
112.3145(1), Florida Statutes.
12
l
l
l l
13
-------------------------563 __________________________ _
From:
Sent:
To:
Ramos, Miriam S. (COE) [MSRAMOS@miamldade.gov]
Tuesday, March 27, 2012 2:46PM
Abbott, Danle!; Aguila, Raul; Alfonsfn. Lourdes; Amuohastegul, Fernando; Armstrong, Bart;
Barnes, Monica; Bleier, Alison; Bierman, Mitch; Bllzln Sumberg (Christine Bower); Bittner,
Warren; Boksner, Aleksandr; Boniske, Nina; Boutsis, Eve; 8risibe, Emomotimi; Britton,
Tiffany; Brochln, Robert; Bru, Julie; Caballero, Sylvia; Calleja, Karen: Chiaro, Maria J. ; Citrin,
Charles; Cypen, Stephen; Dannheisser, Lynn : Dickens, Sonia Knighton; Dumas, Carmen;
Entin, Monica; Espino, Daniel; Everett, Cynthia; Forte, !Iiana; Friedman, Chad; Galdos,
Roland; Garcia-Toledo, Vcky; Ge!ier, Joseph; Greco, John; Green, Chris; Greenberg, Murray;
Grodnbk, W!!liam; Hearn, John; Held, Gary; Helfman, Steve ; Herin, John; Hernandez,
El!zabeeth; Harren:.~, Jose Pepe; Hialeah Attorneys; Hili, Marion; lrizarri, Ramon; Jacobowl'lz,
Jan; Jaramillo-Velez, Elsa; Jimenez, Jose; Kennedy, Harlem:; Kuper, Richard; Leen, Craig;
lehr, Bruce; Lenard, Howard; Lloyd-Still, Robert; Maer, Miriam; Marks, Uoyd; Martinez-
Esteve, Jorge {GAO); Mahaffey, Kathy; Mendez, VIctoria; Meyers, Robert; Min, Barnaby;
, Moas, Joanna: Moneetlme, Regina; Morales, Jimmy; Nagron, Melissa; Norris-Weeks,
Burnadette; Olin, Jean; O:tlnot, Hans; Palenzuela, Alexander; Papy, Don; Pepe, Thomas;
Pizzi, Michael; Ninoshka; Riesberg, Barbara; Rosewald, Rob; Rothstein, Steven;
Santiago, Amy; Sarafan, Richard; Selden, Jan; Sherman, Craig 8.; Slbila, Estrella; Siege\,
Darcee; Smith, Jose; Suarez:~Rlvas, Rafael; Swltl<es, Robert; Trevarthen, Susan L.; Turner,
Debora: Ventura, Ralph; V!llalobos, Jose; Vizcaino, Diane; Weiss, Richard Jay; Wendell,
Laura K.; Wolfe, Mel; Wolpln, David; Xlques, Veronica
Ethics Commission meeting summary
For Immediate Release: March 27, 2012
Contact: Joseph Centorino, Executive Director
(305) 350·0613 or centori@mlamldade.gov
Ethics Commlsslon on free event tickets
As a foUow up to guidelines it Issued earlier this month for the off\daluse of complimentary tickets by public offlcials,
the Mlam!-Dacle Commission on Ethics and Pubi\c Trust (COE) today adopted internal guidelines that clarify when a
politician appears at a function in an "official capacity.'' The list of recommended public purposes for attending ticketed
events lncludes hosting dignitaries, v!sftors and certain residents or groups and performing actions related to the
official's position, such as Introductions, presentations, ribbon cuttings and speech making.
The addendum to the guidelines* also how public officials should distribute tickets that are received through a
contractual agreement with a private entity in order to <!Void possible misuse of publrc resources and bolster confidence
in the Integrity of government. Distribution may be first-come, first-serve or by a lottery. The tickets could be sold,
with the proceeds designated to a public purpose. They could be allocated to non-profit schools, chl\dren's
-gro l:l ps ·or cro m m u n !ty · t:J rga 11lzatl tz~ns,_ The -tl cke.ts-a I so .cou I d J:Je.used .as.re.war.d sJ.or_c iti zen.s _o.r . ..emp.lQ.~e,e.s_m;:~Jstng
substantial contributions to the community or local government. The em: wl\! continue to provide opinions to inquiring
officials regarding whether other uses are ethically acceptable.
1
564
i'n a related matter, Ethics Commissioners found No Probable Cause to a complaint (C 12-07) bat officials in the City of
Mi~ml violated County and City Ethics Ordinances by failing to report tickets they had received to events at the Knight
Bayfront Park and the Mayor's Ball, but also approved the drafting of a genera! Letter of Instruction forfuture
reference. That letter will dte the clarification of "public purpose" and emphasize that officials are not entitled to the
use of public benefit tickets as a matter of right Public officials will be reminded they have an ob!lgation to report gifts
(which include tickets to events) and that when an official receives two tickets for use with a spouse or partner, they
must be disclosed as the total value of the gift
in other action at to day's meeting, probable cause was found that a bus maintenance technician for the Miami-Dade
Transit Department violated the "prohibition on outside employment' provision of the Conflict of Interest and Code of
Ethics Ordinance. An Investigation by the Inspector General's Office had found that NiranJan Seepersaud also worked
for American Coach Unes from March 2007 through June of 2010, but fal!ed to obtain authorization for outside
employment and did not file financial disclosure forms each year as required by the Code. After the case was turned
over to the Ethics Commission, Seepersaud was told that if he complied with the fll!ng requlrement by the end of 2011,
no action would be taken. He has failed to do so, and the complafnt (C 12.-08) will proceed.
Two complaints (C 12-09 and C 12-13) accusing Homestead Mayor Steven Bateman of misspending campaign funds at a
liquor store were found "not legally sufficient'' The charges are based on state law, which is outside the Ethics
Commission's jurisdiction.
The same citizen accused Homestead Councilman Stephen Shelley of "exploitation of official position" by using a photo
of himself on the city website for his business website, The city did pay for the original photograph. However, works of
government are exc.luded from copyright protection, are considered In the public domain and can be used by anyone:.
For that reason, the complaint (C 12-16) was deemed "not legally sufficient."
Seven complaints were filed against Homestead Councilwoman Judy Waldman relating to her re-election campaign last
fall. Four of them 12·17, c 12-18, C 12-19 and C 12.-23) were deemed "not legally sufficient'' because they don't
violate any laws. Two complaints (C 12.-20 and C 12-2.1) were found "not lega!!y suffic~ent" because they allege
violations of state election laws, which is outside ofthe jurisdiction ofthe COE. The final one (C does not allege
an actlon that violates the Ethics Code.
No Probable Cause was found to a complaint (C 12.-06) accusing a Miami Lakes Council member of exploitation of official
position. A resident ofthe clty ai!eged that Richard Pulldo demanded that, as a of a munlcipa! beautification
project, trees be planted in front of his home first, and that he pressured the Town's park staff to provide free use of
public hmd to a f!ag football league. The investigation found no substance to the charges, and the complaint was
dismissed.
A complaint (C l2.-03) filed against a lobbyist, John Morse, who registered on behalf of Ascent Heaithcare Solutions in
September of 2010 but fa!ied to fiie the required Lobbyist Expenditure Statement by the Ju!y 1, 2011, deadline, was
dismissed after he completed the form. lnvestigators learned he had moved out of town and never received the
notices, but once they called him and explained hls obligations, he responded.
In light of cases like that, which consume Investigative resources, the Ethics Commission discussed changing the rule
requiring lobbyists to file annual expenditure reports if they spent no funds during the reporting period. A proposed
amendment to the Code of Ethics will be forwarded to the County Commission for its consideration.
A liability dalms adjuster with Miami-Dade County's Risk Management division may provide consulting and inspection
services for private clients, including some governmental entities, if he has permission from his supervisors. The COE
response to Reguest for Opinion 12P07 thatKenneth McCoy's private clients cannot have interests adverse to the
(:;-u-nty-~~·~~t~olo~~~int~ln pr~Pertv associated wtththCCounty-:-The RQO also recommends that, rf granted-· .. ..
permlsslon, McCoy provide the names of his private clients to his supervisor.
2
565
!'he Eth!"ts Commission was created in 1996 as em independent agency with advisory and quasi-judicial powers. It Is
i:o~posed off/wE members, se.rving staggered terms of four years each Through a program of education, outreach and
enforcement, the Commission seeks to empower the community and bolster public trust.
*The addendum Is posted on MiamiDadeEth!es.com
Rhonda Victor Slbl\ia, Community Outreach Coordinator
Miami-Dade Commission on Ethics & Public Trust
4 9 West Flagler, Suite 820
Miami, Florida 33 i 30
305-350-0631
·'Dollvorlng Excelleru;-fJ Every DE4y''
Miamf-..Oado County is a pubfic entity subjec! to Chapter 119 of t!Je Florida Statutes conc<3mlng public records. E·rnall
merss<:Iil!:l.:.> ere covered under such laws and tfnts subjecf fa disclosure.
3
566
l l, I /\ ;., I. ' c. I[_J..~ ..
! v ... l /-\I \" \! u ..
OFfiCE Or t>-!E CITY A TieRNEY
JOSE SMITH, CITY ATTORNEY
MEMORANDUM
Miami-Dade County Commission on Ethics and Public Trust;
and Joseph Centorino Esq., Executive Ethics Commissi n.
February 28, 2012
;Recommendations regarding "'Pttblic Be,nefits" Clauses in Cerurin Qt:tVtml:!Jlent
Contracts.
As City Attorney fur the City of Miami Beach, the following my analysis of
above-referenced draft Guidelines a:nd Recomme:ndations 1 proposed by Joe Ce:ntorino, Executive
Director of the Miami-Dade County Co:m.mi.ssion on Ethics and Public Trust. In essence,
Executive Centorino has concluded that:
• Tickets to events received by City officials pursuant to "Public Benefits" City
contracts should not be distributed by individual city officials; and
• City officials' acceptance oftickets/attenda:nce at such ticketed events is appropriate only
when a public purpose is evidenced by active, official action rather than by "passive
spectator attendance".
Vlhile it is undisputed that City resources (such as event tickets) may be used only where a
''public purpose'' a municipality's policy determination concerning the manner of
accomplishing such purpose should left to the discretion of the Cit:ls governing body.
Absent legislation specifically authorizing the County Ethics Commission to evaluate said
policy, such dete:m:rination is :not subject to review by the Ethics Commission. Although Mr.
Centorino's Proposed Guidelines legitimate public ooncems, the County Commission
has not vested the COE with oversight authority governing a City Commission's determination
of ~<public purpose". For that reason, the Proposed Guideli.."les are not appropriate for adoption
by the COE.
1 Tl:ris (undated) draft proposal is entitled: "Guidelines and recommendations regarding 'public benefit'
clauses in certain government contracts".
567
HAS
ETHICS.
Subsequent to the conclusion of the 2011 State Attorney's investigation of City of Miami
Beach's negotiations with New World Symphony (finding no criminal conduct). the
Guidelines were written to address "flawed policies that have resulted in unwarranted
for elected and appointed officials"2• Although the City that
the Proposal is intended as for alJ governmental entities subject to the jurisdiction of
the County Commission, the stated for unfairly City
1.-fiami Beach as a transgressor of ethics laws, to recognize the contribution City
has towards ethics good government
well over the past decade, the City has enacted strict ethics laws supplemental to Federal,
State and County legislation to strengthen ethics rules and avoid the skirting of said laws,
otherwise achievable due to loopholes or the other legislative bodies to so
Included among these novel City-enacted ethics laws been lobbyist
campaign refo~ restrictions
gmremo:ruenxru employees, prohibitions on indirect lobbying activities by and
elected government officials, increased prohibited contractual relationships of government
and increased prohibitions on direct and indirect prohibited business
~· ... ,-::,,~·~::; scope of voting conflict proscriptions. Additionally, most
evident of the to ethics legislation is City provision (self-initiated
by City Commission) voter approval before the enactment law wea!{e:m.rtg
City ethics laws.
All the measures demonstrate an absolute and unwavering commitment by the
City to enact effective ethics laws. Any suggestion that the City has exploited its
ignores City's demonstrated resolve towards enacting and enforcing meaningful
legislation.
TICKET POLICY HAS BEEN IN EFFECT Sll'ICE
APPROVAL ETH1CS COJvflviTSSION IN 1993, WITHOUT CO:M1v.ffi:N1 OR
CRITICISM FROM COUNTY ETHICS CO:tvfMISSION.
City of Miami Beach ticket policy as embodied in City Resolution No. 93-20694, by
then Mayor Seymour Gelber) had as its foundation an opinion from the Florida on
Ethics condoning public officials' of complimentary tickets, conditioned only upon
disclosure of tickets received. In State 92-33, the tickets were held to constitute
permissible gifts to the City cornmissioners 3 , which had to be disclosed quarterly if their value
2 Proposed Polley at page 1, 2,
2
5 8
exceeded $100. The basis for the City's request for the opm1on was a concern for strict
compliance with applicable ethics regulations and a need to ensure legality of the City's
contractual process, whereby (in that instance) it negotiated wit.~ a theater management company
to operate the City's theaters and the City would receive, as partial consideration, tickets
performance every event staged at the theater.
As reflected in State COE 92-33, the City of Miami Beach made full disclosure to the
Ethics Commission of all relevant facts concerning the manner in which the City negotiated for
and received the tickets, and the City's process for distribution and usage ofthe tickets.
of all relevant facts, the State COB determined the ticket policy to be consistent with ethics laws
so long as the appropriate disclosure forms were filed reflecting the names of ticket recipients
and the value tickets received4, Since the Opinion's issuance in 1992, the City of Miami
Beach has relied in good faith upon its holding, and has adhered to its dictate of timely gift
disclosure.
Despite the transp·arency of the City's ticket policy5, it has never
Dade County Ethics Commission or anyone else.
questioned by the Miami-
Municipalities in the State of Florida enjoy home rule power, granting them " .. ,govem:mental,
corporate and proprietary powers to enable them to conduct municipal government, perfo:rm
municipal functions and render municipal services, and may any power for municipal
purposes except as otherwise provided by 1aw," Fla Const. Art Vill, sec, 2 (b).
Horne rule municipalities are subject to the additional Constitutional requirement that
ex:penditJTes of City funds be a "public purpose". Fla. Const, Art. VII, sec. 10.
Accordingly, although a City may enact a policy with regard to its use ofpublic·resou,rces, such
policy must serve a "public purpose", As win be seen below, the ''public purpose"
determination by a City carries the presurnption of constitutional validity, and is subject only to
judicial review.
3 Note: At the May 26, 2011 County Ethics Commission hearing on Complaint 11-04, COB
Commissioner Seymour Gelber (after recognizing the City of Miami Beach's well-established ticket
policy) stated his belief that the complimentary tickets received by City personnel were not "gifts" and
therefore did not require disclosure. Commissioner Gelber fJrther went on to state that the ticket issue
was "much ado about nothing".
4 In subsequent opinions, the State COB has condoned identical ticket distribution/use policies of the City
of Daytona Beach (State COB 05 re: tickets to Internationa1 Speedway), City of St Petersburg (State COE
Ol-19 re: Tropicana Stadium), and the City of Orlando and Orange County (State COE 95-36 re: tickets to
Amway Stadium),
5 See f.n. #8 herein.
3
569
A. THE CITY CO!v'.lvllSSION'S TICKET POLICY IS PRESUMED VALID.
What constitutes a public purpose in the first instance, a question for the legislature
(i.e., City Commission) to detennine, and its opinion should be given great weight. ~~~
~~=->--=>"-'--''-'--'-'-"'-'='"-""==.J'-"---"'.:::..:=:..-"'-"'-'-'--'-"'--'-=-==, State v. Housing Finance Authority of Polk
==J-• 376 So.2d 1158, 1160 (Fla. 1979), holding that the detem1ination of what constitutes a
valid public purpose for expenditure of public funds is a factual determination for the
legislative and governing body involved. The question of "public purpose" thus involves
exercise of legislative judgment and is a matter that the Miami Beach City Commission, as
legislative and governing body of the City of Miami Beach, must determine by City Resolution
setting forth the requisite legislative findings and intent.
Unless expressly or impliedly
restrained by statute, a municipal corporation has discretion in the choice of means and methods
for exercising the powers given it for governmental or public pu..-rposes, and the usual limitations
upon the actions of municipalities within their legal powers are good faith and reasonableness,
not wisdom or perfection. All doubts as to the propriety of means used the exercise of an
undoubted municipal power will be resolved in favor of the municipality. ==._::_:.__:_==.;~
~~~~647 So. 358 (Fla.1908).
2.
When a policy decision is brought into question resting upon the police power, only the
courts have the power and duty to inquire whether it is within constitutional limits. It is thus
particularly a judicial question whether the legislative determination of "public
comports with constitutional and statutory rights. 331 So.2d 297
~~~'"'"' Art. ll, § 3, Fla. Const.; and 40 So.2d.
371, 374 (Fla. 1949).
Unlike the courts, which possess jurisdiction to review public policy determinations, .,15,~u" .... ".,
such as the Miami-Dade County Ethics Commission may engage in such review only if the
authority to do so is granted in the corresponding enabling legislation. As an administrative
body, the powers of the Ethics Commission are limited to statutory authorization as set forth in
the County Code, and the COE may only act within those grants of power specifically afforded
it: "Administrative authorities are creatures of statute and have only snch powers as the statute
confers on them.'" Fla. AGO 75-120 citing 42 Am. Ju.r., Public Administrative Law, sec. 68, and
So.2d 628, at 638 (1 D.C.A. Fla.,
1958). Both the State Attorney General and Florida Commission on Ethics have recognized their
lack of jurisdiction to review a City's legislative findings governing "public purpose":
4
570
... we view this question [expending City funds towards Sister City program} as being
primarily a question of whether there is a legitimate public purpose ... rather than as being
an ethical question. As there is no issue under the Code of Ethics presented in this
situation, we have no authority to decide in an advisory opinion whether the use of City
resources in this manner is proper.
(Emphasis added) .State COB 85-13; and see, Fla .. AGO 83-5 holding that a "public purpose''
determination cannot be delegated to the Attorney Genera1'9 Office.
Accordingly, the issue of"public purpose" is not within the purview of the Miami-Dade County
Ethics Commission. Neither the Miami-Dade (County Code section 2-11.1) or the related Code
provisions enabling the Ethics Commission (County Code Cha?ter 2, Article LXXVIII) the
COE the legal authority to issue guidelines establishing what is and what is not acceptable
justification for a City's public policy regarding its use of goverm:nent resources. thorough
review of the County Code fails t0 reveal any authority, express or implied6, granting oot0
the Ethics Commission the power to second-guess a City's public policy determination. See
~ck Pl§Sia Condominium v. Divisio:tt Qf Florida Lan.d Sales and Condominiums. Dm:tart:ment of
~~~~~~!:li 371 So.2d 152 (Fla. lst DCA 1979).
The only sections of the County Ethics Code relev:ant to the City's use of its resources (such as
tickets to events it has received arrns-length negotiations) are:
e County Code section 2-11.1 (e) governing "Solicitation of Gifts"; and
e County Code section 1.1 (g) governing "Exploitation of Official Position".
Neither of above ethics regulations however establish a criteria for "public purpose",
Moreover, both of these Code sections recognize that so long as the actions were pursuant
to City policy (i.e., City of 11iami Beach Resolution No. 93~20694), those sections ar.e
complied with. (See, County Code section 2-11.1 (e)(2), and (g): " ... No person i•1.cluded in the
tenns defined in subsection (b)(l) through (6) and (b)(13) shall use or attempt to use his or her
official position to secure special privileges or exemptions for hirn.self or herself or others except
as may be specifically permitted by other ordinances and resolutions previously ordained or
adopted or hereajte1• to be Oi"dained or adopted by the Board of County Commissioners".
(Emphasis added.) Id. Although the COB may desire to review issues of a City's public policy
detennination7 , absent County Code authorization, the COB lacks such reviewing power.
6 Although County Code section 2-1066 provides that the COE " ... may exercise all those powers ejfuer
specifica11y granted herein or necessary in the exercise of those powers herein enumerated", such implied
authority may not warrant the exercise of a substantive power not conferred. ~~==-~~""'-;t_,__~~,
167 So. 33 1936); Fla. AGO 73-374, Any implied power must be necessarily implied from a duty
which is specifically or expressly imposed by statute. Fla. AGO 75-161; 323 So.2d 597
(Fla. lDCA 1975). Any power to be implied must also be essential in order to carry out the expressly
granted power or duty i.c-nposed, e.g., Fla. AGO 73-374 and 67 C.J.S. Officers s. 102.
7 However laudable or cm::n:m.endable the actions of the COE, as stated in Eh.~~~~~-""~~!:1-:t.:.
State, 237 So.2.d 797, 799 (Fla. lst DCA 1970), "(i)t is well settled that a statutory agency does not
s
571
1&l~kl.b~~~ill.J,&h_~.b@~o&1lill.Y. 374 So.2d 1143 (Fla. 3DCA 1979), in which the
Third District Court of Appea1 found that Miami-Dade County's DERM did not have the legal
authority to issue a particular order as the Director lacked any legislative authority under the
Dade Code to require any envirom:nental impact statement from appellant:
.. .in our opinion, contrary to appellees' contentions, none of appellant's activities as
reflected by tr.is record show a violation of the Dade Code provisions relied upon in the
cease and desist order. Appellees argue that agricultural use, in and of itself, constitutes
a discharge of organic or inorganic matter as chemical compounds into the. waters of
Dade County within the definition of "nuisance" in the Dade Code. s 24-3(14)(b),
Dade Code. However, ... the important question before us is not whether activities
complained of should or could be forbidden, but rather only whether they have been.
Id. at 1149.Just as in the issue before the COE is whether the City policy violates
the County Ethics Code, not whether the City's policy should be subject to review by the Ethics
Code. of its good intentions, the COB may not invoke jurisdiction over a matter
when the County Commission has not granted it such power.
3. CONSTITUENTS HAVE ULTIMATE SAY CONCER1\'TI'JGPROPRIETY OF
CITY'S TICKET POLICY .
• bJter all legal arguments have rested, the ultimate decider of whether the City's ticket .
policy is valid and serves the public interest is, of course, the electorate. If indeed City"'""""'"'"'' .... '""'
object to the present ticket policy, they are to voice their objections to the governing body,
and the policy is not amended to the public's concerns, the recourse will undoubtedly
be at ballot box;
Courts will not detennine whether or not the action of public officers is wise, economical
or advantageous, such questions belonging exclusively to public officers and boards.
If they exercise their powers foolis:bJy or unwisely, the recourse of their constituents is to
to the ballot box and not to the courts.
(Emphasis added.) 112 So.2d
898. 903 (Fla. 2DCA 1959). Accord, Town of Riviera Beach v, State, 53 So.2d 828, 831 (Fla.
1951) McQuillin on Municipal Corporations (3'rt Bd.), at sec.10.33.
possess any inherent powers; such agency is limited to the
necessary implication, by the statutes (here the Dade Code)
W ater:N!WS, 3 72 So.2d 913 (Fla. 1978); """"""'-""'--'-'--.=.:::=--~""-=<=--===c;.,
~=~=~t-L..~~· 302 So.2d 737 (F1a.l974); and..,_====-==,;.,.._:_c:.=.:="-"'-=="""'-==··
655 (Fla. 1st DCA 1975).
6
572
It is significant to note, however, that the City's residents not to the City's ticket
policy. In a City of vocal, pro-active, government-involved residents with:
• over 41 citizen-volunteer committees (the majority of such committees meeting at
11 or more time per year),
• 4-6 public meetings per week,
• 1 regularly-scheduled City Commission public meeting per month8 (including at
1 monthly Co:rnmission committee meeting),
• approximately 46 public records requests handled on a monthly basis in 2011, and
• 1292 phone requests in 2011 directed to the City's main public information telephone
line
have not complaints City's use of lfthe
citizens had objected to this ticket policy, surely the City Commission would have addressed
those concerns prior to the COE's instant review of the matter. light of absence of COE
jurisdiction over such policy deterr:nination it is partir::ularly inappropriate the COE to insert
itself into what is essentially a local issue, especially given the absence of citizen outcry.
B. THE TICKET POLICY IS SUPPORTED ITS COtJRSE OF CONDUCT.
Whlle it is clear that the COB lacks jurisdiction to assert that only active participation by City
personnel constitutes "public purpose" for purposes of assessing the City of Xvfiami Beach's
ticket policy, the following ma1ysis upon the City's policy ticket usage.
Although the City abandoned certain terms of its Resolution 93~20694,10 the policy's objective
of ensuring high-level City personnel presence at such events has been the custom of the City
since 1993, and has been unassailed. The fact that this policy has been in effect :for two
decades 11 , and has not been the subject of prior citizen outcry, is relevant support of the City's
legislative policy determination:
In deciding whether such purpose is public or private, courts must be largely
influenced by the course and of the government, the object for which taxes
5 As an undisputable fact, numerous "Public Benefits" clauses have been included vv1thln contracts
presented to the City ComrrJssion in public hearings.
9 See Executive Director Centorino's proposal at page 12, para. 5.
10 No suggestion has been made that the City's noncompliance Vlith imp1ementing terms (such as
establishbg a City board for :non-profit ticket distribution) was due to anything other than badvertent
oversight.
1i See, No. 81605. May 1, 1997: "Further, the1egislatio:n
challenged here has been in existence in state over 20 years. In determining whether a statute
serves a public purpose, a court "may take :L"lto consideration a long course oflegis1ation and usage oftbe
government."
7
573
and appropriations have customarily and by long course of legislation levied
and made, and what objects have been considered necessary to the support for
the proper use of the government -whatever lawfully pertains to this purpose and is
sanctioned by time and the acquiescence of the peoplrP may well be said to be a
public purpose and proper for the maintenance of good government. (Emphasis
added.) 138 849 (1923).
Furthermore, what is a "public purpose" is not a static concept, but is flexible and capable of
expansion to meet the changing conditions of a complex society. The Florida Supreme Court has
recognized this concept and has found that " ... [e] ach generation may determine its concept of
' State v. Washington County Development Authority, 178 So.2d 573, 579 (Fla.
~~_!...!....~~~~~~~~~~..;;r;,~~~· See also ~~..!..-'-.~~!.±...t.~~~~~e::
Indeed, the consensus of modern legislative and judicial thinking
(particularly after the State grant of municipal home rule power) is to broaden the scope of
activities that may classified as involving a public purpose.
L
PERSOJ\'NEL TO ATTEND PUBLIC FUNCTIONS IN" CITY -Ov.rt...'ED
\!)3NUES COh'T,RI§UTES TOWARDS THE CITY'S PROSPERITY·
over yeats, City of Miami has devoted its resources toward ecoJ0omic
development13 with regard to planning and zoning issues, improvement, including
the ongoing maintenance and promotion of facilities providing visual arts
productions cultural events. The City has deemed it a public need for high-ranking City
attendance at functions. of City-owned venues in order to provide them with the
opportw:rity to learn more about the citizens' concerns interests as weU as the host
organizations and their unique issues and :needs. The of information facilitated by
functions helps City officials be more responsive to :needs. It is '"''"''""'"''"'-'J-''-
with the City's goal to allow these high-nmki:ng officials to attend, at City expense, cultural
productions and events taking in the City's facilities, resulting increased.vv ... uu-~.I.Uuu•~~n;u
regarding City affairs with the public outside of City Hall, as well as publicizing the productions,
and events and thus encouraging public attendance.
The Attorney Genera1's Office bas found that so long as the governing body has approved the
use of public resources, public f\mds may be expended for entertainment expenditures that are
12 The City's ticket policy has not been objected to by the public, despite its decades'-long existence.
(See, above argwmmt at ID (A) 2(b).)
13 Economic Development has been statutorily recognized as an appropriate public purpose of
municipalities. See Florida Stat. 166.021(8)(b).
(b) The governing body of a municipality may expend public funds to attract and retain business
enterprises, and the use of public funds toward the of such economic development goals
constitutes a pub1ic purpose. The provisions offrJs chapter which confer powers and duties on the
governing body of a municipality, including any powers not specifically prohibited by law that can be
exercised by the governing body of a municipality, shall be liberally construed in order to
carry out the purposes of this subsection." (Emphasis added.)
8
574
determined by the body to serve a public purpose. In an early opinion from 1968, Attorney
General addressed the legality of a special district spending public funds for entertainment and,
acknowledged the requirement that the Legislature authorize the use of public funds for purposes
of hospitality and entertainment. Absent such specific legislative authorization, the Attorney
General's office found that the creation of special districts would not in and of itself indicate a
need to carry on extensive programs ofhospitality and entertainment. Fla. AGO 68-12.
Fina11y, the fact that City officials may be incidentally benefitted by use of tickets
does not destroy the public nature of the City's policy. Florida's courts have recognized that the
execution of a public purpose that involves the expenditure of money is usually attended with
private benefits, and so long as the principal purpose of the enactment is public in nature, it is
irrelevant that there will be an incidental to private interests.
~~~~~~~· 589 So. 2d431 (Fla. 1"tDCA 1991);
So. 914, 917 (Fla. 1990) (defending against reca11 lawsuit created in,cidental
benefit to elected official while providing primary benefit to public).
The authorities cited above support the legal proposition that the City of Mia.'Ui Beach may,
subject to judicial review, establish policy governing the distribution and usage of its tickets to
City~ owned venues, which policy can-ies the presumption of validity. The COE lacks jurisdiction
to issue a policy statement stating what is and what is not a lawful "public purpose" with regard
to the City's distribution and use of these tickets. It is the City Commission that is the final
arbiter of its ticket policy, and 1;1ot the Ethics Commission.
With to distribution of City tickets to high-ranking City personnel, it is not
unreasonable to presume that part of their official duties may be to attend certain high-profile
special events (such as Art Basel or the South Beach Wine & Food Festival) that focus national
and international attention on the City ofMiami and thus promote commerce and tourism.
A:s to those "ordinary" or events which do not necessarily national
attention, there is a public purpose in the presence of City officials at these events as well, and
this too is a matter of good faith discretionary decision-making by the City's governing body.
9
575
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF
MIAMI BEACH RESOLUTION NO. 93-20694 WHICH
ESTABLISHED THE CITY'S COMPLIMENTARY TICKET POLICY,
AND SUBSTITUTING THEREFOR A COMPREHENSIVE POLICY
STATEMENT OF THE CITY OF MIAMI BEACH REGARDING ITS
USE AND DISTRIBUTION OF CITY TICKETS TO EVENTS AND
PRODUCTIONS OCCURRING AT CITY-OWNED VENUES
AND/OR CITY-SPONSORED EVENTS.
WHEREAS, in 1992, the Florida Commission on Ethics issued its Opinion No.
92-33, holding that City of Miami Beach elected officials could legally accept
complimentary tickets from the City (obtained via negotiated 'public benefit' clauses in
City contracts) to performances taking place at City-owned venues, subject only to the
requirement that public disclosure of such ticket receipt be made by the
recipient/Officials on quarterly gift disclosure forms; and
WHEREAS, in reliance upon this opinion of the State Ethics Commission, the
City of Miami Beach adopted its Resolution No. 93-20694, in which the City
Commission formally established a procedure for the City's distribution of its tickets to
performances taking place at City-owned venues, whereby designated municipal
officials and deserving members of the community would receive complimentary tickets
to such productions; and
WHEREAS, as a result of a 2011 joint investigation by the Miami-Dade State
Attorney's Office and the Miami-Dade County Commission on Ethics ("COE") of the City
of Miami Beach's negotiations with the New World Symphony (finding no criminal
wrongdoing), the COE scrutinized the above-referenced ticket distribution process of
the City of Miami Beach as well as that of Coral Gables, Hialeah, Homestead, Miami
and Miami-Dade County; and
WHEREAS, the COE consequently issued its "Guidelines and
Recommendations regarding 'public benefit' clauses in certain government contracts,"
which although not legally binding upon the City of Miami Beach's ticket policy
determination, have been stated by the COE as a suggested method of "ensuring
conformance" with applicable ethics rules; and
WHEREAS, pursuant to the City of Miami Beach's continued commitment as a
leader in government ethics, and in recognition of the requirement that municipal
resources be devoted primarily to public purposes as determined by the Mayor and City
Commission, the City has conducted public meetings for the purpose of evaluating its
complimentary ticket policy with the COE's subject Recommendations; and
1
576
WHEREAS, having assessed citizen comment and public need, the Mayor and
City Commission determine that the continued distribution of complimentary tickets to
disadvantaged youths, senior citizens, non-profit organizations and other individuals
who may not have the financial ability to purchase tickets to cultural events serves a
public purpose, that public purpose is further served via the distribution of tickets to
exemplary City employees and other notable members of the community, and that the
ability of designated City officials to attend such cultural events as official City
representatives for the purpose of monitoring and evaluating such events and the
quality of performances therein, and/or monitoring and evaluating the value of City-
sponsored events and their compliance with City policies, agreements and other
requirements further serves a public purpose; and
WHEREAS, the City thus hereby establishes the following comprehensive
municipal policy regarding its use and distribution of City tickets to events and
productions occurring at City-owned venues and/or sponsored by the City, with said
comprehensive policy serving as substitution for, and in repeal of, City of Miami Beach
Resolution No. 93-20694.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION I. APPLICABILITY OF POLICY
In order to establish a fair, equitable and transparent process for the distribution of its
complimentary tickets, the City of Miami Beach thus hereby establishes this
Comprehensive Complimentary Ticket Policy. This policy shall apply to tickets or
passes for admission to a facility, show, event or performance for an entertainment,
recreational, amusement or similar purpose, which are provided to the City of Miami
Beach: (i) pursuant to the terms of a contract/agreement/lease for the use of public
property within the City's boundaries; (ii) because the City of Miami Beach controls the
event; (iii) that is purchased by the City of Miami Beach at fair market value; (iv) or
otherwise received from an outside source and which are provided without charge by
the City of Miami Beach to personnel as designated herein. Tickets or passes
purchased at full face value or fair market value of the ticket, as appropriate, by the
official using the tickets are not subject to this Policy.
SECTION II. PUBLIC PURPOSE
The distribution of any ticket by the City of Miami Beach shall promote a public purpose,
which purpose shall include those delineated in Exhibit "A" to this resolution.1
1 The County Ethics Commission has issued an "Addendum" to its "Guidelines and
Recommendations," outlining specific 'suggested permissible public purposes' for use of public
benefits, which grounds are adopted and incorporated herein by reference. (See Exhibit "8,"
attached hereto.)
2
577
SECTION Ill. DISTRIBUTION OF TICKETS
A. General Provisions.
Distribution of tickets shall be in accordance with the public purposes stated in Section II
above, and be subject to the following:
1 . Such tickets shall not be earmarked by the original donor for use by any
particular recipient of tickets. Notwithstanding, any tickets provided to the City
pursuant to a negotiated complimentary ticket program in a public benefits clause
which delineates a specific deserving organization or group as the recipient of
such tickets in the lease, contract or agreement with the City, may be provided by
the City to that specifically identified deserving organization or group.
2. The City of Miami Beach determines, in its sole discretion, which individual
and/or entity shall receive the tickets, in accordance with the Distribution Process
set forth below.
3. No person receiving tickets pursuant to this Policy shall sell or otherwise transfer
any ticket, or receive any consideration for the value of any ticket. Nor may such
ticket recipient use any ticket for political fundraising purposes. Notwithstanding
the preceding, the City may sell any tickets received pursuant to this Policy (if
resale by the City is permitted by the donating entity) if the proceeds of such sale
are intended for donation to programs and services rendered by community and
other non-profit resources for the benefit of the community, including artistic and
cultural organizations and institutions.
4. If a ticket recipient cannot use any ticket, that person must notify the City
Manager's Office promptly and return the ticket to the City Manager's Office.
Failure to do so will result in that recipient being ineligible to receive future
tickets. Such returned tickets shall be distributed by the City Manager's Office to
any of the persons/groups within the distribution categories set forth immediately
below in Ill B.
5. All recipients of tickets must sign a form acknowledging the terms and conditions
of the City of Miami Beach's Comprehensive Complimentary Ticket Policy, as
reflected in this Resolution.
B. Distribution Process.
Tickets received by the City through a complimentary ticket program, or otherwise
provided to the City for distribution, shall be distributed in accordance with established
Administrative Guidelines set forth herein within the attached Exhibit "C," as may be
amended by City Administration from time to time (amendments to be publicly noticed
via "Letter to Commission" which LTC shall be posted on the City's website). Such
guidelines shall serve to ensure that the tickets distributed promote an established
public purpose.
SECTION IV. DISCLOSURE REQUIREMENTS
A. City Disclosure.
The City Manager's Office shall maintain a log detailing the distribution of City tickets
3
578
pursuant to this Policy. The log detailing the distribution of tickets shall be posted by the
City Manager's Office, no less than once every quarter, on the City's website by no later
than the 15th day of the month following such quarter. Such posting shall include the
following information:
1. The name of the person receiving the tickets or passes, except that if the tickets
or passes are distributed to a deserving organization and/or group, only the
name, address and description of the deserving organization and/or group, and
the number of tickets or passes provided to the deserving organization and/or
group, may be posted in lieu of the names of individuals from the deserving
organization and/or group that received the tickets;
2. A description of the event;
3. The date of the event;
4. The face value of the tickets provided; and
5. The number of tickets provided.
B. Recipient Disclosure.
1. City personnel receiving complimentary tickets shall disclose their receipt of
tickets via the timely filing of gift disclosure forms, in accordance with State
Commission on Ethics Opinion No. 92-33 (forms available through City Clerk's
Office). City personnel shall be responsible for ensuring that the tickets received
promote a public purpose, consistent with the City of Miami Beach's
Complimentary Ticket Policy.
2. Tickets which are provided free of charge may have tax consequences for the
recipient and may be reportable and taxable as regular income or as taxable
fringe benefits to a recipient. All recipients of tickets must consult with their own
tax advisers to determine the reporting requirements for income tax purposes, as
well as the tax consequences of any tickets received.
SECTION V. EXCLUSIVITY OF CITY'S COMPREHENSIVE POLICY
A. The matters set forth in this Resolution shall serve as the City's Comprehensive
Complimentary Ticket Policy, and it shall be referenced in all future "public benefits"
clauses of all City contracts, and shall be further posted prominently on the City's
website.
B. City of Miami Beach Resolution No. 93-20694, constituting the City's former policy
governing complimentary tickets, is accordingly hereby repealed in its entirety.
PASSED AND ADOPTED THIS ___ day of ___ , 2012.
ATTEST:
City Clerk
4
579
Mayor Matti Herrera Bower
APPROVED AS TO
FORM & LANGUAGE
& CUTION
THIS PAGE INTENTIONALLY LEFT BLANK
580
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the City Manager to reject all proposals received pursuant to Request For
Proposals (RFP) No. 39-11/12 for Catering And Concession Services for the Miami Beach Convention Cent~r; approving a
one-year extension of the current Catering And Concessions Services Agreement between the City Of Miami Beach and
Service America Corporation D/B/A/ Centerplate for the Miami Beach Convention Center, with said extension commencing on
October 1, 2012, and terminating, for convenience and without cause, on September 30, 2013; and further referring to the
Finance and Citywide Projects Committee a discussion regarding the issuance of Request For Proposals (RFP) for Catering
and Concession Services for the Miami Beach Convention Center.
Ke Intended Outcome Su orted:
Improve convention center facility
Issue:
mmission Adopt the Resolution?
Item Summary/Recommendation:
The Current agreement commenced on March 1, 2007 and expires on September 30, 2012 and two (2) successive, five (5)
year renewal options at the City's discretion.
The Convention Center Advisory Board (CCAB), at its June 7, 2011 meeting, discussed whether or not the City should exercise
the five (5) year renewal option available in the current Agreement between the City and Service America Corporation
(Centerplate) for catering and concession services for the Miami Beach Convention Center, or, in the alternative, issue a new
Request for Proposals. The CCAB recommended the City issue a new RFP for catering and concession services at the
Convention Center.
The Finance and Citywide Projects Committee discussed this item at its October 27, 2011, meeting and expressed general
satisfaction with Centerplate. The renewal was discussed at the December 14, 2011 City Commission meeting, and the
Administration was directed to issue an RFP and referred the scope of service to the Finance & Citywide Projects Committee.
RFP No. 39-11/12 was issued on April 25, 2012, after incorporating the comments from the March Finance and Citywide
Projects Committee meeting. The deadline for receipt of proposals was June 8, 2012. Two (2) proposals were received from
Aramark Corporation and Ovations Food Service.
On May 22, 2012 and June 7, 2012, the City received letters from Centerplate, which among other things, requested that the
City discontinue the RFP process due, in part, to potential conflict of interest issues alleged as a result of Global Spectrum's
management of the MBCC and Ovations Food Service, one of the proposers to the RFP being owned by the same parent
company, Comcast Corporation. Centerplate also stated that they had chosen not to respond to the RFP due to this alleged
conflict.
Based on a subsequent analysis conducted by the City Attorney's Office and Administration concerning a potential challenge to
the particular RFP process including the potential filing of an ethics complaint against the City with the Miami-Dade County
Ethics Commission, it is the recommendation of the Administration to reject all proposals received pursuant to the RFP and
extend the existing agreement for an additional one year. The extension also provides sufficient time to re-draft and issue a
new RFP, solicit proposals, and award a new agreement. The Administration further recommends the Mayor and City
Commission refer to the Finance and Citywide Projects Committee and discussion regarding the issuance of a new Request for
Proposals (RFP) for Catering and Concession Services for the Miami Beach Convention Center.
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
l N/A
Financial Information:
Source of Funds;
Finance Dept
Financial Impact Summary:
Department Director
Amount
MIAMI BEACH 581
Account Approved
AGENDA ITEM -.1..->---"---=:........--
DA TE __.'--I,Jo::;;......__'--
& MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie Brooks, Interim City Manager
DATE; September 12, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO REJECT ALL PROPOSALS RECEIVED PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 39-11/12 FOR CATERING AND
CONCESSION SERVICES FOR THE MIAMI BEACH CONVENTION CENTER;
APPROVING A ONE-YEAR EXTENSION OF THE CURRENT CATERING AND
CONCESSIONS SERVICES AGREEMENT BETWEEN THE CITY AND SERVICE
AMERICA CORPORATION D/B/A/ CENTERPLATE FOR THE MIAMI BEACH
CONVENTION CENTER, WITH SAID EXTENSION COMMENCING ON
OCTOBER 1, 2012, AND TERMINATING, FOR CONVENIENCE AND WITHOUT
CAUSE, ON SEPTEMBER 30, 2013; AND FURTHER REFERRING TO THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE A DISCUSSION
REGARDING THE ISSUANCE OF REQUEST FOR PROPOSALS (RFP) FOR
CATERING AND CONCESSION SERVICES FOR THE MIAMI BEACH
CONVENTION CENTER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Improve the convention center facility.
BACKGROUND
On April 11, 2006, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 22-05/06, to Provide Professional Food and Beverage Facilities
Management Services for the Miami Beach Convention Center; with an option to manage food
and beverage services at other city cultural facilities. This RFP was issued in advance of
Centerplate's expiring contract on February 28, 2007. Centerplate, doing business originally as
Volume Services America, Inc., held the exclusive food and beverage services contract at the
Miami Beach Convention Center since December 17, 1986. The original contract had an initial
term of fifteen years, and the City Commission exercised a five (5) year renewal term on May
16, 2001, via Resolution No. 2001-24393.
Following a review of all proposals received, the RFP Evaluation Committee and the City
Administration recommended Centerplate as the top-ranked proposer. Subsequently, the City
Commission adopted Resolution No. 2006-26316, authorizing the Mayor and Clerk to execute a
agreement with Centerplate, upon completion of successful negotiations by the Adminsitration.
582
Convention Center Food & Beverage Agreement
City Commission Agenda
September 12, 2012
Page 2 of3
The current Agreement commenced on March 1, 2007, and expires on September 30, 2012.
The Agreement also includes two (2) successive, five (5) year renewal options, at the City's
discretion.
CONVENTION CENTER ADVISORY BOARD
As previously stated, the initial term of Centerplate's Agreement with the City expires on
September 30, 2012. In anticipation of same, the Convention Center Advisory Board (CCAB), at
its June 7, 2011 meeting, discussed whether or not the City should exercise the first five (5)
year renewal option available under the current Agreement, or issue a new Request for
Proposals (RFP). The CCAB recommended, that the City issue a new RFP for catering and
concession services at the Convention Center.
FINANCE AND CITYWIDE PROJECTS COMMITTEE-OCTOBER 2011
The Finance and Citywide Projects Committee (FCWPC) first discussed this item at its October
27, 2011, meeting. The Committee expressed general satisfaction with Centerplate.
Staff recommended that, should a renewal be proposed, it be broken down into a smaller term,
with year-by-year renewals. In that manner, any performance issues could be addressed. The
Committee recommended that the City exercise the option to renew for two (2) years with three
one ( 1) year renewals.
CITY COMMISSION ACTION -DECEMBER 2011
As per the FCWPC recommendation on October 27, 2011 meeting, The Administration
presented a resolution at the December 14, 2011, City Commission meeting seeking
authorization to enter into negotiations with Centerplate for renewal of the current agreement.
After discussing the item, the City Commission directed the Administration to issue a new RFP,
and referred the scope of services to the Finance & Citywide Projects Committee to review the
criteria prior to RFP issuance.
FINANCE AND CITYWIDE PROJECTS COMMITTEE-MARCH 2012
The Committee recommended:
• Changing score weighting on Experience and Qualifications and Past Performance
based on Client Surveys from 25% to 35%;
• reducing the weight of Business and Creative Marketing Plan from 25% to 15%;
• including a food quality criterion;
• including asking proposers to include a detailed plan of how they will raise survey scores
to 93% or above; and
• that the criteria for "comparable facility" be more defined, to include the size of the facility
that is to be compared, the minimum amount of revenue, and minimum volume of
surveys.
REQUEST FOR PROPOSALS
Request for Proposals (RFP) No. 39-11/12 was issued on April 25, 2012. A pre-proposal
meeting to provide information to the proposers submitting a response and a site tour was held
on May 7, 2012. Eight (8) companies participated in the meeting and site tour. The deadline for
receipt of proposals was June 8, 2012 at 3:00 pm. BidNet issued bid notices to 33 prospective
proposers, and 6 additional proposers were notified via e-mail, which resulted in the receipt of
two (2) proposals in response to the RFP from Aramark Corporation, and Ovations Food
Service.
583
Convention Center Food & Beverage Agreement
City Commission Agenda
September 12, 2012
Page 3 of3
CENTERPLATE LETTERS
On May 22, 2012, the City received a letter from Centerplate which, among other things, alleged
a conflict of interest by Global Spectrum, and requested the City discontinue the RFP process
and extend Centerplate's current contract for one (1) year. The City received a second letter
from Centerplate on June 7, 2012, again alleging a conflict of interest as a result of Global
Spectrum's participation in certain aspects relating to possible input that they may have
provided the City in the initial stages of the RFP process, as well as Global Spectrum's
relationship with Ovations Food Service, one of the proposers (the relationship being that Global
and Ovations were owned by the same parent company, Comcast Corporation). Centerplate
also stated that they had chosen not to respond to the RFP.
The City Attorney's Office and Administration reviewed the issues raised in Centerplate's letter,
both in terms of potential challenges to the RFP, as well as the likelihood of the filing of a
complaint by Centerplate against the City with the Miami-Dade County Commission on Ethics.
In light of the letter issues, even if ultimately successfully defended by the City, trusting the
integrity of this particular RFP process and, further, given the fact that the issues had been
raised at the outset of the process and prior to evaluation of proposals, the Administration
recommends the City Commission exercise its right under the RFP to reject all proposals,
finding such rejection to be in the best interest of the City.
Concurrent with the rejection, the Administration also recommends that the current Agreement
be extended for one-year, commencing on October 1, 2012, and terminating on September 30,
2013. The one (1) year extension is being recommended because the first six (6) months
(October -March) of the fiscal year are when peak usage of the Convention Center occurs and
changing the food and beverage operator during this period of time could be detrimental to the
success of scheduled events and the operations of the facility. Additionally, a month to month
extension could impact employee morale and retention, which is critical to providing quality
customer service. Finally, the extension also provides sufficient time to re-draft and issue a new
RFP and complete the new solicitation process.
The Administration further recommends the Mayor and City Commission refer to the Finance
and Citywide Projects Committee a discussion regarding the issuance of a new Request for
Proposals (RFP) for Catering and Concession Services for the Miami Beach Convention Center.
CONCLUSION
The Adminsitration recommends the Mayor and City Commission adopt the Resolution
accepting the recommendation of the City Manager to reject all proposals received pursuant to
Request For Proposals (RFP) 39 -11/12 for Catering And Concession Services for the Miami
Beach Convention Center; and further approve a one-year extension of the current Catering
And Concessions Services Agreement between the City and Service America Corporation
d/b/a/ Centerplate for the Miami Beach Convention Center, with said extension commencing on
October 1, 2012, and terminating, for convenience and without cause, on September 30, 2013.
Furthermore, the Administration recommends the Mayor and City Commission refer to the
Finance and Citywide Projects Committee and discussion regarding the issuance of a new
Request for Proposals (RFP) for Catering and Concession Services for the Miami Beach
Convention Center.
T:\AGENDA\2012\9-12-12\MBCC Food & Beverage Amendment 2 Memo.doc
584
RESOLUTION NO.-----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO REJECT
ALL PROPOSALS RECEIVED PURSUANT TO REQUEST FOR
PROPOSALS (RFP) NO. 39-11/12 FOR CATERING AND
CONCESSION SERVICES FOR THE MIAMI BEACH
CONVENTION CENTER; APPROVING A ONE-YEAR
EXTENSION OF THE CURRENT CATERING AND
CONCESSIONS SERVICES AGREEMENT BETWEEN THE
CITY AND SERVICE AMERICA CORPORATION D/B/A/
CENTERPLATE FOR THE MIAMI BEACH CONVENTION
CENTER, WITH SAID EXTENSION COMMENCING ON
OCTOBER 1, 2012, AND TERMINATING, FOR CONVENIENCE
AND WITHOUT CAUSE, ON SEPTEMBER 30, 2013; AND
FURTHER REFERRING TO THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE DISCUSSION REGARDING THE
ISSUANCE OF A NEW REQUEST FOR PROPOSALS (RFP)
FOR CATERING AND CONCESSION SERVICES FOR THE
MIAMI BEACH CONVENTION CENTER.
WHEREAS, on September 6, 2006, the City Commission adopted Resolution No. 2006-
26316, authorizing the Mayor and Clerk to execute an agreement with Service America
Corporation D.B.A. Centerplate, for catering and concession services for the Miami Beach
Convention Center (the Agreement); and
WHEREAS, the initial term of the Agreement expires on September 30, 2012, and
includes two (2) successive, five (5) year renewal options at the City's discretion; and
WHEREAS, at the December 14, 2011 City Commission meeting, the Administration
was directed to issue a Request for Proposals (RFP) for the aforestated services, and referred
discussion of the RFP scope of services to the Finance & Citywide Projects Committee (to
review the criteria prior to RFP issuance); and
WHEREAS, RFP No. 39-11/12 was issued on April 25, 2012, after incorporating the
comments from the Finance and Citywide Projects Committee meeting; the deadline for receipt
of proposals was June 8, 2012 at 3:00 pm; and
WHEREAS, BidNet issued bid notices to 33 prospective proposers, and an additional six
(6) proposers were notified via e-mail; this resulted in the receipt of two (2) proposals from
Aramark Corporation, and Ovations Food Service; and
WHEREAS, on May 22, 2012 and June 7, 2012, the City received letters from
Centerplate which, among other things, requested that the City discontinue the RFP process
due, in part, to potential conflict of interest issues alleged as a result of Global Spectrum's
management of the MBCC, and Ovations Food Service (one of the proposers to the RFP) being
owned by the same parent company, Comcast Corporation; and
WHEREAS, the City Attorney's Office and Administration reviewed the issues raised in
Centerplate's letter; both in terms of potential challenges to the RFP, as well as the likelihood of
the filing of a complaint by Centerplate against the City with the Miami-Dade County
Commission on Ethics; and
585
WHEREAS, the City Attorney's Office and the Administration have concluded that, even
if the City is ultimately successful in defending the City, trusting the integrity of this particular
RFP process and, further, given the fact that the issues raised by Centerplate, it would be
prudent, given that the RFP process is in the initial stages and evaluation of proposals has not
commenced, for the City Commission to exercise its right under the RFP and reject all
proposals, finding such rejection to be in the best interest of the City; and
WHEREAS, concurrent with the rejection, the Administration also recommends that the
current Agreement be extended for one-year, commencing on October 1, 2012, and terminating
on September 30, 2013; and
WHEREAS, the one (1) year extension is being recommended because the first six (6)
months (October -March) of the fiscal year are when peak usage of the Convention Center
occurs, and changing the food and beverage operator during this period of time could be
detrimental to the success of scheduled events and the operations of the facility; and
WHEREAS, the extension also provides sufficient time to re-draft and issue a new RFP
and complete the new solicitation process; and
WHEREAS, the Administration further recommends the Mayor and City Commission
refer to the Finance and Citywide Projects Committee a discussion regarding the issuance of a
new Request for Proposals for Catering and Concession Services for the Miami Beach
Convention Center.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager to reject all proposals
received pursuant to Request For Proposals (RFP) No. 39-11/12 for Catering and Concession
Services for the Miami Beach Convention Center; approve a one-year extension of the current
Catering and Concessions Services Agreement between the City and Service America
Corporation D/B/A/ Centerplate for the Miami Beach Convention Center, with said extension
commencing on October 1, 2012, and terminating, for convenience and without cause, on
September 30, 2013; and further referring to the Finance and Citywide Projects Committee a
discussion regarding the issuance of a new Request For Proposals (RFP) for Catering and
Concession Services for the Miami Beach Convention Center.
PASSED AND ADOPTED THIS __ DAY OF----' 2012
ATTEST:
CITY CLERK
T:\AGENDA\2012\9-12-12\MBCC Food & Beverage Amendmenl 2 Reso~doc
MAYOR
586
APPROVED AS TO
FORM & LANGUAGE
__.._ .... FOR EXECUTION
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
1700 Convention Center Drive, Miami Beach, F!orida 33139, www.miamibeachfl gov
OFFICE OF THE CITY CLERK, Rafael Granado, Ciiy Clerk
Tel: (305) 673-7 411, Fax: (305) 673-7254
COMMISSION MEMORANDUM
From:
Mayor Matti Herrera Bower and Members of the City Commission
Kathie G. Brooks Int. City Manager -~/-•
September 12, 2012 //
To:
Date:
Subject: BOARD AND COMMITIEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTALMBRS. APPOINTED BY: TOTALVAC PAGE
Committee on the Homeless 9 Commissioner Michael Gongora Page 10
Community Development Advisory 14 Commissioner Deede Weithorn Page 11
Committee Commissioner Jerry Libbin
Commissioner Jorge Exposito
Commissioner Michael Gongora
Community Relations Board 17 Commissioner Jonah M. Wolfson Page 13
Kathie G. Brooks, Int. City Manager
Disability Access Committee 7 Commissioner Jorge Exposito Page 19
Agenda Item
\Ne are committed to excellent to oil who ' ' worK ond in Ol
587
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAC PAGE
Fine Arts Board
Gay, Lesbian, Bisexual and
Transgender (GLBT)
Hispanic Affairs Committee
Marine Authority
Miami Beach Commission For
Women
Miami Beach Cultural Arts Council
Miami Beach Human Rights
Committee
Miami Beach Sister Cities Program
Normandy Shores Local Gov.
Neighborhood lmpv.
Single Family Residential Review
Panel
14 Commissioner Deede Weithorn Page 21
15 Commissioner Jonah M. Wolfson Page 22
7 Mayor Matti Herrera Bower Page 26
7 Commissioner Jerry Libbin Page 30
Mayor Matti Herrera Bower
21 Commissioner Ed Tobin Page 31
Commissioner Michael Gongora
9 City Commission Page 32
5 City Commission Page 33
24 Mayor Matti Herrera Bower 4 Page 34
3 City Commission Page 36
3 Kathie G. Brooks, Int. City Manager 3 Page 45
Attached is breakdown by Commissioner or City Commission:
KGB/REG
588
Board and Committees Current Members
Affordable Housing Advisory Committee Sec. 2-167
Composition:
The committee shall consist of eleven (11) voting members with two (2) year terms appointed at
large by a majority vote of the Mayor and City Commission:
One citizen:
1) actively engaged in the residential home building industry in connection with affordable housing;
2) actively engaged in the banking or mortgage banking industry in connection with affordable
housing;
3) two at-large who have resided in one of the city's historic districts for at least one year, and have
demonstrated interest and knowledge in urban design and the preservation of historic buildings.
4) actively engaged as a for-profit provider of affordable housing;
5) actively engaged as a not-for-profit provider of affordable housing (Housing Authority member);
6) actively engaged as a real estate professional in connection with affordable housing;
8) actively serving on the local planning agency pursuant to Florida Statute§ 163.3174 (Planning
Board member);
9) who resides within the jurisdiction of the local governing body making the appointments;
10) who represents employers within the jurisdiction;
11) who represents essential services personnel as defined in the local housing assistance plan.
Members of the Loan Review Committee, members of the Community Development Advisory
Committee (CDAC), Planning Board and Miami Beach Housing Authority may be appointed to fill any
of the eleven (11) categories and serve as ex-officio voting members on this committee. If due to
conflict of interest by prospective appointees, or other reasonable factor, the City is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged
in the activity without regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Amy Perry (11) Rep. Essential Serv. 12/31/2013 City Commission 12/31117
Arian Adorno (9) Res. Juris Local Govt 12/31/2013 City Commission 12/31/17
Charles Urstadt (8) Local Plann. Bd. 12/31/2012 City Commission 12/31/47
David Smith (3) Rep. Labor Home Bid. 12/31/2012 City Commission 12131/14
Guy Simani (10) Rep. Empl. With/Juris. 12/31/2013 City Commission 12131/47
Jeremy Glazer (4) Low-Income Adv 12/31/2013 City Commission 12/31/17
Juan Rojas (2) Banking/Mortgage 12/31/2012 City Commission 12/31/16
Mark Wahl (7) Real Estate Prof. 12/31/2013 City Commission 12/31/17
Muayad Abbas (5) For Profit 12/31/2012 City Commission 12/31/17
Robert Sa land (1) Res. Home Bldg. 12/31/2012 City Commission 12/31/14
Stephanie Berman ( 6) Not for Profit 12/31/2012 City Commission 12/31114
Applicants Position/Title Applicants Position/Title
.......................... •....................................................• ""····································· ••••••••······························· " """··············"'"""""''"""""'""'"'"'''''''"''''''"""""""""""" ................... """"""'··············
Andrew Fischer
Gotlinsky Barbara
Karen Fryd
Friday,
Dr. Barry Ragone
Julio Lora
Marie Towers
589
Page 1
Board and Committees Current Members
Art in Public Places
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Sec. 82-561
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, art,
architecture, sculpture, painting, artistic structure design and other appropriate art media for display
or integration in public places.
City Liaison : Dennis Leyva
Name Last Name Position/Title
Elizabeth Resnick (TL 12/31/2012)
James Lloyd
Janda Wetherington
Lisa Austin
Lisette Olemberg-
Goldstein
Megan Riley
Rhonda Mitrani-Buchman (TL 12/31/2012)
Applicants Position/Title
Adrian Gonzalez
Annette Fromm
Antoinette Zel
Claire Warren
David Lombardi
Emma DeAibear
Jonathan Porcelli
Leslie Tobin
Maria Rodriguez
Merri Mann
Patricia Fuller
Silvia Ros
Zarco Cyn
Friday, August
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
Applicants Position/Title
Ana Cordero
Anthony Japour
Britta Hanson
Dale Stine
Elizabeth Schwartz
Francis Trullenque
Kathleen Kowall
Lisa Austin
Mark Alhadeff
Molly Leis
Rosemarie Murillo Likens
Wetherington Janda
Zoila Datorre
590
Page 2 of 51
12/31/12
12/31/16
12/31/16
12/31/17
12/31/14
12131/16
12/31112
Board and Committees Current Members
Beautification Committee Sec. 2-36
Composition:
Eight (8) members, seven (7) of whom shall be direct appointees by the Mayor and City
Commissioners. The chairperson of the Mayor's Ad Hoc Garden Center and Conservatory Advisory
Committee or designee who shall serve as a non-voting ex-officio member.
City Liaison: John Oldenburg
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Nixon 12/31/2013 Commissioner Deede Weithorn 12/31/15
Lidia Resnick 12/31/2013 Commissioner Michael Gongora 12/31/17
Lucero Levy 12/31/2013 Commissioner Jorge Exposito 12/31/17
Maria Koller 12/31/2012 Commissioner Jonah M. Wolfson 12/31/15
Moni Cohen 12/31/2012 Commissioner Jerry Libbin 12/31/18
Silvia Rotbart 12/31/2012 Mayor Matti Herrera Bower 12/31/14
Terry Blechman 12/31/2013 Commissioner Ed Tobin 12/31/18
Ex-officio Chair of Mayor Ad-Hoc Garden Center
Applicants
Ana Cordero
Daniel Novela
Darin Feldman
Dr. Corey Narson
Francinelee Hand
Lily Furst
Mitchell Korus
Tiva Leser
Position/Title Applicants
Christopher Todd
Daniel Sherbill
Dina Dissen
Flavia Lowenstein-Eiortegui
Kay Coulter
Marivi Iglesias
Steven Gonzalez
591
Position/Title
Page
Board and Committees Current Members
Board of Adjustment
Composition:
Two (2) year term.
Appointed by a 5/7th vote.
RSA 1-2 Sec 118-
1 "l1
Seven (7) voting members composed of two members appointed as citizens at-large and five
members shall be appointed from each of the following categories (no more than one per category),
namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant,
Financial Consultation, and General Business. The members representing the professions of law,
architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member representing general business shall be of responsible standing in the community; the
member representing the field of financial consultation shall be a Certified Public Accountant,
Chartered Financial Analyst, Certified Financial Planner, a Chartered Financial Consultant or
investment advisor registered with the Securities and Exchange Commission, or someone recognized
as having similar credentials and duly licensed by the State of Florida.
Members shall be apppointed for a term of two years by a five-seventh vote of the city commission.
Members of the Board of Adjustment must be either residents of or have their principal place of
business in Miami Beach; provided, however, that this amendment shall not affect the term of existing
members of the Board of Adjustment.
City Liaison: Antonieta Stohl
Members:
Name Last Name
Andrew Resnick
Bryan Rosenfeld
Elsa Urquiza
Joy Malakoff
Lior Leser
Richard Preira
Sherry Roberts
Applicants
Alan Fishman
Avi Ciment
Dov Konetz
Jessica Conn
Josh Gimelstein
Micky Ross Steinberg
Robert Newman
August 31, 2012
Position/Title
Real Estate Developer
CPA
At-Large
At-Large
Financial Consultation
Law
General Business
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
Applicants Position/Title
Atala Anthony
Brian Ehrlich
Gabriel Paez
Jonathan Beloff
Michael Bernstein
Noah Fox
Roberta Gould
592
Page 4 of 51
12/31/15
12/31/15
12/31/17
12/31/16
12/31/13
12/31/16
12/31/13
Board and Committees Current Members
Budget Advisory Committee Sec. 2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
City Liaison: Kathie Brooks
Members:
Name Last Name
Antonio Hernandez SL
David Lancz
Dushan Koller
Jack Benveniste
Jacqueline Lalonde
John Gardiner
Laurence Herrup
Marc Gidney
Stephen Hertz
Applicants
David Richardson
Dwight Kraai
Gerhard Rima
Jared Plitt
Lisa Ware
Oliver Oberhauser
Rima Gerhard
Position/Title
Financial Adv.
C. P. A.
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2013 Commissioner Jorge Exposito 12/31/16
12/31/2012 Commissioner Deede Weithorn 12131/18
12/31/2013 Commissioner Jonah M. Wolfson 12/3i!i5
12/31/2013 Mayor Matti Herrera Bower
12/31/2012 City Commission
12/31/2012 Commissioner Jerry Libbin
12/31/2013 Commissioner Michael Gongora
12/31/2012 City Commission
12/31/2012 Commissioner Ed Tobin
Applicants
Dominique Bailleul
Eric Lawrence
Gregory Carney
Lance Richardson
Noah Fox
Regina Suarez
Ronald Starkman
593
Position/Title
PageS
12/31/15
i 2/31/16
12/31/16
12131/'17
12/31/14
12/31/16
Board and Committees Current Members
Capital Improvements Projects Oversight Committee 2-190-127
Composition:
The Capital improvement projects oversight committee shall consist of nine (9) voting members, eight
(8) of whom shall be appointed by the city commission as a whole (at-large-appointees), and one (1)
member appointed by the Mayor or designee, and one (1) non-voting ex-officio member selected from
three nominees. The membership of the committee shall further be comprised as follows:
1. The mayor or his/her designee, who shall sit as a voting member of the committee, and shall also
serve as chair person of the committee;
2. At least two (2) members shall be selected with experience in one of the following technical fields:
a. engineering;
b. architecture and/or landscape architecture; or historic preservation;
3. At least two (2) members shall be selected with experience in one of the following technical fields:
a. construction/general contractor; or
b. developer;
4. Two (2) members shall be selected with experience in the following technical field and/or the
following category:
a. capital budgeting and/or finance; or
b. citizen-at-large; and
5. The remaining two (2) members shall be selected from any of the technical experience categories
set forth in subsections (2) or (3) above.
6. One (1) non-voting ex-officio member shall be either a member of the disabled community or a
person with special knowledge of Americans with Disiabilities Acts (ADA) issues in order to provide
accessibility-related input to the committee.
City Liaison: Fernando Vazquez
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Brian Ehrlich (C3) Developer 12/31/2013 City Commission 12/31/14
Christina Cuervo (C5) Developer 12/31/2013 City Commission 12/31/13
Dwight Kraai (2) Engineer 12/31/2012 City Commission 12/31/13
Eleanor Carney (C4) At-large 12/31/2013 City Commission 12/31/15
Elizabeth Camargo (C2) Architect 12/31/2013 City Commission 12/31/13
Robert Rabinowitz (C5) Engineer 12/31/2012 City Commission 12/31/17
Saul Gross (1) Mayor Designee 12/31/2013 Mayor Matti Herrera Bower 12/31/15
Stacy Kilroy (C3) Const/Gen Contrac 12/31/2012 City Commission 12/31/13
Tony Trujillo (C4) Cap.Budg/Finance 12/31/2012 City Commission 12/31/16
Applicants Position/Title Applicants Position/Title
2012
594
and Committees
Annsheila Turkel
Cheryl Jacobs
Dominique Bailleul
Guy Simani
Jacobs Jacobs
Josh Gimelstein
Rima Gerhard
Friday, August 31, 2012
Atala Anthony
Christian Folland
Gerhard Rima
lvette Isabel Borrello
James Lloyd
Michael Laas
Ronald Starkman
595
Page 7
Board and Committees Current Members
Committee for Quality Education in MB Sec. 2-190.134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher Elementary,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad Elementary School,
Treasure Island Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public shcools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons who
shall report to the City Commission actions of the Committee for Quality Education; the City Manager
shall further designate a member of city staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Leslie Rosenfeld
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Beverly
lvette I sa bel
Karen
Kay
Keren
Sheila
Tiffany
Elisa Leone
Heidi Tandy
Ivette Birba
Jill Swartz
Leslie Rosenfeld
Lisa Simon
Maria Hosu
Heller 1213112012
Borrello 1213412013
Rivo 12131/2013
Coulter 12/3112013
Bajaroff 1213112012
Duffy-Lehrman 12131/2012
Heckler 12131/2012
Rep. of the PTA for Biscayne Elementary 06/30/13
Rep. of PTA for Nautilus Middle School 06/30/13
Rep. of the PTA for Feinberg Fisher Elem. 6/30/13
Rep. of the PTA for MB Sr. High School -06/30/13
ACM/City Manager designee
Matti Herrera-Bower
Rebeka Cohen
Rep. PTA for Ruth K. Broad Elementary -6/30/13
Rep. of the PTA South Pointe Elementary -6/30/13
City Commission designee
Rep. of the PTA North Beach Elem. School-6/30/13
Rep. of PTA for Treasure Island Elem. 06/30/13
City Commission designee
Sofia Emuriel
Vacant
Applicants Position/Title Applicants
596
Mayor Matti Herrera Bower 12/31/16
Commissioner Jonah M. Wolfson 12/31/17
Commissioner Deede Weithorn 12/31/15
Commissioner Jerry Libbin 12/31/13
Commissioner Ed Tobin 12/31/15
Commissioner Jorge Exposito 12/31/17
Commissioner Michael Gongora 12/31/18
Position/Title
Page 8 of 51
Aida EI-Matari
Jill Swartz
Kathleen Kowall
Laurie Kaye Davis
Maria Cifuentes Marrero
Mia Glick
Friday, August 2012
Elaine Litvak
Judith Berson-Levinson
Laura Cullen
Loren Pearson
Marjorie York
Robert Fairless
597
Page 9 of 51
Board and Committees Current Members
Committee on the Homeless
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
Sec. 2-161
The chairperson of the Committee on the Homeless or his/her designee shall serve as a non-voting ex-
officio member of the Community Relations Board.
Each member of the committee shall be selected from membership in an organization such as, but not
limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami Dade County Homeless Trust;
(Civic Representation: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Red. Agency); member of the general
public with personal experience with homeless issues CDBG Project Coordinator (ESG Emergency
Shelter Grant Provider), city officials, representative from the Police Department and the City
Attorney's Office as ex-officio members.
City Liaison: Katherine Martinez
Vacancy:
To replace
Caroliine Cardenas
Members:
Name Last Name
Annsheila Turkel
Cary Yee Quee
Dale Gratz
Gail Harris
Jonathan Kroner
Lisa Ware
Prakash Kumar
Rachael Zuckerman
Applicants
Daniel Sherbill
Debra (Debi) Quade
Emma DeAibear
Ida Percal
Luis Iglesias-Ramirez
Rocio Sullivan
Rosemarie Murillo Likens
Friday, August 31, 2012
Position/Title
Position/Title
12/31/2012 Commissioner Michael Gongora
Term Ends: Appointed by: Term Limit:
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Mayor Matti Herrera Bower
12/31/2012 Commissioner Ed Tobin
12/31/19
12/31/19
12/31/14
12/31/16
12/31/2013 Commissioner Jorge Exposito 12/31/17
12/31/2012 Commissioner Jonah M. Wolfson 12/31/13
12/31/2012 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Deede Weithorn 12/31/17
Applicants
Deborah Ruggiero
Eda Valero-Figueira
Helen Swartz
Kumar Prakash
Mitchell Korus
Rosalie Pincus
Stephanie Berman
598
Position/Title
10 of 51
Board and Committees Current Members
Community Development Advisory Committee
Composition:
Committee shall be composed of fourteen (14) members.
The Mayor and City Commissioners shall each make two (2) direct appointments.
Sec. 2-190.110
The fourteen (14) direct appointees shall fulfill the city affiliation requirement in either of the following
ways:
1) At least seven (7) appointees shall either be:
(a) Miami Beach residents, for a minimum of six (6) months, in non-target areas or
(b) either city residents, or non-residents, who hold a leadership position in organizations that provide
community development services to low and/or moderate-income people or neighborhoods,
preferably within the city, provided, however, the organization that the appointee holds such position
in cannot be a current or future recepient of city CDBG or HOME funds.
2) The remaining appointees shall either be:
a) A resident or a locally desginated community development target area for a miminum of six (6)
months; or,
b) Demonstrate ownership/interest for a minimum of six (6) months in a business established in a
locally designated community development target area for a minimum of six (6) months.
City Liaison: Brian Gillis
Vacancy:
Members;
Name
Adam
Christina
Dona
Harvey
James
Karen
Mark
Michael
Rachel
Zachary
Applicants
Arian Adorno
Derrek Steele
Jean Fils
Jeffrey Graff
Kay Coulter
to replace Josh
Gimelstein
To replace Robert
Fairless
To replace Jay
Parker
To replace Aida EI-
Matari
Last Name Position/Title
Greenberg
LaBuzetta
Zemo
Burstein
Weingarten
Fryd
Hayes
Bernstein
Umlas (TL 12/31/2012)
Cohen
Position/Title
Friday, August 31,
12/31/2013 Commissioner Michael Gongora
12/31/2013 Commissioner Jerry Libbin
12/31/2013 Commissioner Jorge Exposito
12/31/2012 Commissioner Deede Weithorn
Term Ends: Appointed by: Term Limit:
12/31/2012 Commissioner Deede Weithorn 12/31/19
12/31/2012 Commissioner Jonah M. Wolfson 12/31/19
12/31/2012 Mayor Matti Herrera Bower 12/31/17
12/31/2013 Commissioner Ed Tobin 12/31/14
12/31/2012 Commissioner Ed Tobin 12/31/18
12/31/2013 Mayor Matti Herrera Bower 12/31/17
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
12/31/2012 Commissioner Jerry Libbin
12/31/2012 Commissioner Jorge Exposito
12/31/2013 Commissioner Michael Gongora
Applicants Position/Title
Bruce Klaiber
Dr. Barry Ragone
Jeffrey Feldman
Juan Rojas
Mark Wahl
599
12/31/16
12/31/12
12/31/19
Board and Committees Current Members
Michael Rotbart Russell Hartstein
Friday, August 31, 2012 Page
600
Board and Committees Current Members
Community Relations Board Sec. 2-190.11
Composition:
The board shall consist of seventeen (17) members.
Eleven (11) members shalll be voting members to be appointed in the following manner: Seven (7)
direct appointments, with the Mayor and each City Commissioner appointing a member.
Three (3) members shall be appointed by the City Manager and one
(1) ex-officio member shall be appointed by the Miami-Dade Community Relations Board from its
membership.
Four ( 4) non-voting, ex-officio members shall be the chairpersons or designees of the following:
Commission on the Status for Women
Committee on the Homeless,
Hispanic Affairs Committee, and
Police/Citizen Relations Committee.
Two (2) non-Voting ex-officio,:
the police chief or his or her designee and
the director of the Bureau of Children's Affairs.
The composition of the board shall be reviewed every two (2) years.
City Liaison: Lynn Bernstein
Vacancy:
To replace David
Cardenas
12/31/2013 Commissioner Jonah M. Wolfson
To replace Jacobo
Epelbaum
12/31/2012 Kathie G. Brooks, Int. City Manager
Members:
Name
Barbara
Brad
Darin
Debra
Laurie
Rabbi Solomon
Robert
Solomon
Lisa Ware
Maria Ruiz
Marjorie York
Patty Hernandez
Applicants
Friday,
Last Name Position/Title Term Ends: Appointed by: Term Limit:
Montero 12/31/2012
Fleet 12/31/2013
Feldman 12/31/2013
Schwartz 12/31/2012
Davis 12/31/2012
Schiff 12/31/2013
Sen a 12/31/2013
Genet 12/31/2012
ex-officio of Police Citizens Relations Committee
ex-officio of Miami-Dade Comm. Relation Board
ex-officio Police Chief Designee
ex-officio of the Committee on the Homeless
ex-officio Director of the Bureau Childrens Affair
ex-officio of MB Commission for Women
ex-officio of Hispanic Affairs Committee
Position/Title Applicants
601
Commissioner Jorge Exposito 12/31/15
Commissioner Deede Weithorn 12/31/13
Kathie G. Brooks, Int. City 12/31/19
Manager
Commissioner Ed Tobin 12/31/15
Jorge M. Gonzalez, City Manager 12/31/13
Mayor Matti Herrera Bower 12/31/15
Commissioner Michael Gongora 12/31/19
Commissioner Jerry Libbin 12/31/19
Position/Title
Page 13
Claudia Moncarz
David Alschuler
Eliane Soffer
Ivan Rusilko
Jean Fils
Luis Herrera
Rebecca Boyce
Troy Fabien
Friday,
Dale Gratz
Derrek Steele
Irene Valines
Jacobo Epelbaum
Lori Gold
Mia Glick
Sofia Emuriel
602
Board and Committees Current Members
Convention Center Advisory Board
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
Sec. 2-46
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serve as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serve as a non voting ex-officio member.
Administrative representatives from the management group,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serve as non-voting ex-officio members.
City Liaison: Lenny Timor
Vacancy:
Members;
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Frank Kruszewski 12/31/2013 Commissioner Jonah M. Wolfson 12/31/18
Jason
Joshua
Leon
Roger
Stuart
Tim
Bob Balsam
Hilda Fernandez
Ita Moriarty
Applicants
Loeb
Wallack
Manne
Abramson
Blumberg
Nardi
ex-officio, chairperson of the Bd of Dir. MBCC
ex-off. Global Spectrum Adm Rep.
12/31/2012
12/31/2012
12/31/2013
12/31/2012
12/31/2013
12/31/2013
ex-officio member of the City Manager's Office
ex-officio, GMCVB Adm Rep
Position/Title Applicants
Commissioner Jorge Exposito
Commissioner Ed Tobin
Commissioner Jerry Libbin
Commissioner Michael Gongora
Mayor Matti Herrera Bower
Commissioner Deede Weithorn
Position/Title
Barbara (Bunny) Patchen
Eric Lawrence
David Lombardi
Gabrielle Redfern
Gotlinsky Barbara
Mark Wahl
Michael Steffens
Rocio Sullivan
Gayle Durham
Liliam Lopez
Michael Rotbart
Robert Newman
Steve Berke
Friday,
603
12/31/18
12/31/19
12/31/13
12/31/16
12/31/15
12/31/17
Board and Committees Current Members
Debarment Committee Sec. 2-190.128
Composition:
The committee shall consist of seven (7) voting members to be individually appointed by the Mayor
and Commissioners. The committee's purpose is to evaluate and, if warranted, to impose debarment
as provided in Sections 2-397 through 2-406 of the City Code to exclude a contractor (and, in limited
instances, a bidder or proposer) from city contracting and city approved subcontracting.
City Liaison: Procurement Director
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Anthony Broad 12/31/2012 Commissioner Ed Tobin 12/31/16
Antonio Hernandez Jr, 12/31/2012 Commissioner Michael Gongora 12/31/18
Darius Asly 12/31/2013 Commissioner Deede Weithorn 12/31/17
Dr. Ronald Shane 12/31/2013 Commissioner Jerry Libbin 12/31/17
Joseph Hagen 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Melvyn Schlesser (TL 12/31/2012) 12/31/2012 Commissioner Jorge Exposito 12/31/12
Stephen Zack (TL 12/31/2012) 12/31/2012 Mayor Matti Herrera Bower 12/31/12
Applicants Position/Title Applicants Position/Title
Brian Richard Lance Richardson
Zachary Cohen
16 of 51
604
Board and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the Untied States;
Sec. 118.71
2) an architect registered in state of Florida or a member of the faculty of the school of architecture,
urban planning, or urban design in the state, with practical or academic expertise in the field of
design, planning, historic preservation or the history of architecture, or a professional practicing in the
fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Thomas Mooney
Members:
Name
Carol
Jason
Leslie
Lilia
Manuel
Marilys
Seraj
Last Name
Housen
Hagopian
Tobin
Medina
Minagori
Nepomechie
Saba
Position/Title
At-large
Registered Architect
Registered Architect
Urban Planner
At-large
Architect
Landscape Architect
Gary Held
Richard Lorber
Vacant
advisory/City Attorney Designee
advisory/ Acting Planning Director
ex-officio/Disability Access Committee
Applicants
Alexander Annunziato
Bryan Rosenfeld
Elsa Urquiza
Jane Gross
Jessica Conn
Ray Breslin
Seth Wasserman
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/15
12/31/2013 City Commission 12/31/16
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/17
12/31/2013 City Commission 12/31/13
Applicants Position/Title
Britta Hanson
Elizabeth Camargo
Francis Steffens
Jean-Francais Lejeune
John Stuart
Roberta Gould
Steve Berke
605
Board and Committees Current Members
Zarco Cyn
Friday, August
606
Board and Committees Current Members
Disability Access Committee
Composition:
The Committee shall be composed of:
2006-3500 s 2-31
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the
community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care
(or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disable community or has special
knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinance 2011-3731, in addition to other power and duties, the chairperson of the committee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to
the dissability access committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in subsection (b) or to the
city commission.
As per Ordenance 2012-3757 amended Sec. 2-31(D) to increase the number of members from
seven(?) to fourteen (14) and amended the quorum requirement
City Liaison: Duane Knecht
Vacancy:
Members:
Name
Andrew
Barbara
David
Dr. Susan
Elaine
Helen
John
Lawrence
Lee
Russell
Sabrina
Susana
Wendy
Friday,
To replace
Jonathan Macedo
Ex-officio member
Last Name Position/Title
Feuerstein
Gotlinsky
New
Solman
Litvak
Swartz
Bennett
Fuller
Weiss
Hartstein
Cohen
Maroder-Rivera
Unger
12/31/2012 Commissioner Jorge Exposito
Term Ends: Appointed by: Term Limit:
''"""'"""""""'""""""'""""'""
12/31/2012 Commissioner Jerry Libbin 12/31/19
12/31/2013 Commissioner Ed Tobin 12/31/19
12/31/2012 Commissioner Deede Weithorn 12/31/15
12/31/2013 Commissioner Deede Weithorn 12/31/19
12/31/2012 Commissioner Michael Gongora 12/31/19
12/31/2013 Commissioner Michael Gongora 12/31/18
12/31/2013 Commissioner Jonah M. Wolfson 12/31/13
12/31/2013 Commissioner Jerry Libbin 12/13/13
12/31/2012 Commissioner Jonah M. Wolfson 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/19
12/31/2012 Commissioner Ed Tobin 12/31/17
12/31/2013 Commissioner Jorge Exposito 12/31/19
12/31/2012 Mayor Matti Herrera Bower 12/31/16
Page
607
Board and Committees Current Members
Ex-officio member
Applicants
Ann Thomas
Rafael Trevino
Friday, August 31, 2012
Position/Title Applicants
""""""'"'''''''''''''''''''''''''''
Rabbi Solomon Schiff
608
Position/Title
of 51
Board and Committees Current Members
Reso 2000-24216
Composition:
Fourteen (14) members with Mayor and City Commissioners appointing two (2) members each. The
Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural artists, enhances
the appreciation for the arts in the community at large, and provides economic stimulation to under
served neighborhoods.
City Liaison: Gary Farmer
Vacancy:
To replace Judy
Adler
Name Last Name Position/Title
Britta Hanson
Carrie Wiesenfeld
Deborah Ruggiero
Ellen Brazer
Jamie Dokovna
Judith Berson-Levinson
Melissa Broad
Michael McManus
Monica Minagorri
Nathaniel Korn
Seth Frohlich
Tamra Sheffman
Tiva Leser
Applicants Position/Title
Allan Hall
Beverly Heller
Dale Stine
Dina Dissen
Flavia Lowenstein-Eiortegui
Francis Trullenque
James Weingarten
Jeffrey Feldman
Josephine Pampanas
Marjorie O'Neill-Butler
Mia Glick
Patti Hernandez
Zahara Mossman
31,2012
12/31/2013 Commissioner Deede Weithorn
Term Ends: Appointed by: Term Limit:
12/3112013 Commissioner Jorge Exposito 12/31/19
12/31/2013 Mayor Matti Herrera Bower 12/31/15
12/31/2012 Commissioner Jerry Libbin 12/31/18
12/31/2012 Commissioner Jorge Exposito 12/31/17
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Ed Tobin 12/31/15
12/31/2012 Mayor Matti Herrera Bower 12/31/17
12/31/2012 Commissioner Ed Tobin 12/31/18
12/31/2012 Commissioner Jonah M. Wolfson 12/31/15
12/31/2013 Commissioner Michael Gongora 12/31/19
12/31/2012 Commissioner Deede Weithorn 12/31/15
12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Applicants
Ana Kasdin
Caroline Cardenas
David Lombardi
Emma DeAibear
Francinelee Hand
Gregory Carney
Janda Wetherington
Jenna Ward
Liliam Lopez
Merri Mann
Nelida Barrios
Wetherington Janda
609
Position/Title
Page
Board and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT) Orcl. 2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised
of those current members of the Mayor's Gay Business Development Committee, choosing to serve on
the Committee, with any additional members (as required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Alex Fernandez
Vacancy:
Name
Billy
Chad
Dale
Daniel
Edison
Ivan
Jorge
Karen
Laura
Marivi
Michael
Nelida
Thomas
Willis "Chip"
To replace Joel
Stedman
Last Name
Kemp
Richter
Stine
Spring
Farrow
Cano
Rich a
Brown
Veitia
Iglesias
Bath
Barrios
Barker
Arndt Jr.
Position/Title
Applicants Position/Title
Brian Richard
Elizabeth Schwartz
Michael Andrews
Richard Murry
Walker Burttschell
12/31/2013 Commissioner Jonah M. Wolfson
Term Ends: Appointed by: Term Limit:
12/31/2012 Mayor Matti Herrera Bower 12/31/16
12/31/2012 Commissioner Ed Tobin 12/31/16
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2013 Commissioner Jorge Exposito 12/31/16
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2012 Commissioner Jonah M. Wolfson 12/31/17
12/31/2013 Mayor Matti Herrera Bower 12/31/17
12/31/2013 Mayor Matti Herrera Bower 12/31/17
12/31/2012 Commissioner Jorge Exposito 12/31/16
12/31/2013 Commissioner Deede Weithorn 12/31/18
12/31/2012 Commissioner Jerry Libbin 12/31/17
12/31/2012 Commissioner Deede Weithorn 12/31/16
12/31/2013 Commissioner Michael Gongora 12/31/16
12/31/2013 Commissioner Ed Tobin 12/31/16
Applicants Position/Title
Christopher Amisano
Ivana Vento
Rafael Trevino
Silvia Ros
Page ofSl
610
Board and Committees Current Members
Golf Advisory Committee
Composition:
The committee shall be composed of twelve (12) members.
Consisting of eleven (11) voting members,
seven (7) by direct appointment by the mayor and city commissioners,and
four who shall be the presidents of the Bayshore and Normandy Shores Men's and
Women's Golf Association.
The city manager or his designee shall serve as a non voting ex-officio member.
Sec. 2-76
The chairperson of the Golf Advisory Committee or his designee shall serve as a non-voting, ex-officio
member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and
Recreational Facilities Board.
City Liaison: Kevin Smith
Vacancy:
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Gregory Carney 12/31/2012 Commissioner Michael Gongora 12/31/17
Jeff Blumenthal 12/31/2012 Commissioner Deede Weithorn 12/31/15
Jeffrey Cohen 12/31/2013 Commissioner Jerry Libbin 12/31/16
Jenifer Caplan 12/31/2013 Commissioner Jorge Exposito 12/31/17
John Barker 12/31/2012 Commissioner Ed Tobin 12/31/15
Joseph Conway 12/31/2013 Mayor Matti Herrera Bower 12/31/18
Michael Piazza 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17
Kevin Smith
Applicants
Daniel Novela
Mitchell Korus
Ronald Starkman
President for Women's Golf Assoc. MB Golf Assoc.
President of the MB Golf Club Members Assoc.
President, Normandy Shore's Men's Golf Assoc.
President, Normandy Shore's Women's Golf Assoc.
ex-officio, designee of the City Manager
Position/Title Applicants Position/Title
···················~~~~~ ... ~~~~~~~~~~~···························~~~~-~~~
Jane Hayes
Robert Sena
Zachary Cohen
611
Page
Board and Committees Current Members
Health Advisory Committee Sec. 2-81 2002-
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Stanley C. Myers Community Health
Center or his/her designee administrator;
Two (2) member shall be an administrator from an Adult Congregate Living Facility (ACLF). And/or an
Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians.;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and ;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
Department. The director of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Clifton Leonard
Members:
Name
Anthony
Baruch
Dr. Andrew
Dr. Jay
Dr. Stacey
Harold
Rachel
Shaheen
Steven
Tobi
Todd
Maria Ruiz
Marisel Losa
Applicants
Last Name Position/Title
Japour ACLF
Jacobs M.D. Health Provider
Null man Physician
Rein berg Physician
Kruger Physician
Foster Private Individual
Schuster ACLF
Wirk Private Individual
Sonenreich CEO/Mt. Sinai/MH (NTL)
Ash Nursing Profession
Narson CEO MB Community Health
ex-officio, Director of Children's Affairs
Rep. from the Health Council of South Fla
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12!31/i 5
12/31/2012 City Commission 12/31!14
12/31/2012 City Commission 12/3i/i6
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission i2/3il45
12/31/2012 City Commission i2{3i/i6
12/31/2013 City Commission 12/31/'15
12/31/2012 City Commission
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/17
Applicants Position/Title
m~~~~·~~~'''''''''''''''''''' '''''''''''' ''''''''' ••~~~~~~~·~~''''''''''''''''''''''''''''''''''''~ ,,,,,,,,,,,,,,~~
Caroline Cardenas
Jared Plitt
2012
Ivan Rusilko
Michael Steffens
612
Board and Committees Current Members
Health Facilities Authority Board
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
Sec. 2-111
one (1) individual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
Name
Allison
Arthur
Marc
Mark
Sidney
Last Name
Stone
Unger
Umlas
Sinnreich
Goldin
Position/Title
Attorney
Accountant
Health Provider
Health Provider
General Business
vacant Chairperson, Health Advisory Board
Applicants
Miguel Antonio Aviles
Rosalie Pincus
Position/Title
Term Ends: Appointed by: Term Limit:
6/19/2013 City Commission FS-154-207
6/1912016 City Commission FS 154-207
6/19/2014 City Commission FS-154-207
611912015 City Commission FS 154-207
6/19/2044 City Commission FS 154-207
Applicants
Rachel Schuster
Shaheen Wirk
Position/Title
Page
613
Board and Committees Current Members
Hispanic Affairs Committee Sec. 2-190.21
Composition:
The committee shall consist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
The chairperson of the Hispanic Affairs Committee or his/her designee shall serve as a non-voting ex-
officio member of the Community Relations Board.
City Liaison: Nannette Rodriguez
Vacancy:
To replace Alfredo
Rey
Members:
Name Last Name
Ana Cecilia Velasco
Antonio Purrinos
Eliane Soffer
Francis Trullenque
Ida Perea!
Patti Hernandez
Applicants
Israel Sands
Luis Iglesias-Ramirez
Rafael Trevino
Friday, August 31, 2012
Position/Title
Position/Title
12/31/2012 Mayor Matti Herrera Bower
Term Ends: Appointed by: Term Limit:
12/31/2013
12/31/2012
12/31/2012
12/31/2013
Commissioner Michael Gongora 12/31/18
Commissioner Jonah M. Wolfson 12/31/17
Commissioner Jorge Exposito 12/31/17
Commissioner Ed Tobin 12/31/15
12/31/2012 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Deede Weithorn 12/31/15
Applicants
Luis Herrera
Luz Rojas
Regina Suarez
614
Position/Title
Board and Committees Current Members
Historic Preservation Board
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL);
Selected from three names nominated by the League.
2) A representative from Dade Heritage Trust (DHT);
Selected from three names nominated by the Trust.
Sec.118-101
3) Two at-large member who have resided in one of the City's historic districits for at least one year,
and have demostrated ineterest and knowledge in architectural or urban design and the preservation
of historic buildings.
4) An architect registered in the state of Florida with practical experience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of Florida,
a professional practicing in the field of architectural or urban design or urban plannng, each of the
foregoing with practical experience in the rehabilitation of historic structures; or an attorney at law
licensed to practice in the United States, or an engineer licensed in the state of Florida, each of the
foregoing with professional experience and demonstrated interest in historic preservaton.
6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
All members of the board except the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urbam planning and university faculty member of the
board shall be residents of , the city, provived, however, that the city commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residency requirements is
availale to serve on the board and is exceptionally qualified by training and/or experience in historic
preservation matters.
City Liaison: Thomas Mooney
Members:
Name
David
Dominique
Henry
Herb
Ira
Jane
Josephine
Applicants
Andrew Fischer
Francis Steffens
Jeffrey Cohen
John Stuart
Last Name
Wieder
Bailleul
Lares
Sosa
Giller
Gross
Manning
Marilys Nepomechie
Raymond Adrian
August 31, 2012
Position/Title
Attorney
At-large
Faculty Member
MDPL
Reg. Architect
Dade Heritage
At-large
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/16
12/31/2012 City Commission 12/31/14
Applicants
Elizabeth Pines
Guy Simani
Jessica Jacobs
Josh Gimelstein
Morris Sunshine
Position/Title
Page
615
Board and Committees Current Members
Housing Authority
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
Appointments must be confirmed by the City Commission.
Reso 7031 421.05
At least one (1) member who shall be a resident who is current in rent in a housing project or a
person of low or very low income who resides within the housing authority's jurisdiction and is
receiving rent subsidy through a program administered by the authority or public housing agency that
has jurisdiction for the same locality served by the housing authority, which member shall be
appointed at the time a vacancy exists.
City Liaison: Anna Parekh
Members:
Name Last Name
Emilio DeJesus Fernandez
Eugenio Cabreja
Michael Band
Peter
Raymond
Applicants
Chavelier
Adrian
····························
Adrian Gonzalez
Christian Folland
Gotlinsky Barbara
Prakash Kumar
Position/Title
HA Commissioner
Tenant Commissioner
HA Commissioner
HA Commissioner
HA Commissioner
Position/Title
Term Ends:
10/11/2013
10/11/2012
10/11/2013
10/11/2015
10/11/2014
Applicants
Allan Hall
Damian Gallo
Julio Lora
616
Appointed by: Term Limit:
Mayor Matti Herrera Bower 10/11/17
Mayor Matti Herrera Bower 10/11/18
Mayor Matti Herrera Bower 10/11/16
Mayor Matti Herrera Bower 10/11/19
Mayor Matti Herrera Bower 10/11/18
Position/Title
Page of51
Board and Committees Current Members
Loan Review Committee Sec. 2-166
Composition:
The committee shall consist of
seven (7) voting members whom shall be direct appointments by the Mayor and City Commissioners.
The finance director or his/her designee and the city manager or his/her designee shall serve as non-
voting ex-officio members
A member of the Community Development Advisory Committee (CDAC) shall be designated to serve
as a non-voting ex-officio member of the LRC in order to facilitate communications between the LRC
and CDAC.
City Liaison: Rocio Soto
Name
Eric
Jay
Juan
Mario
Mayra
Michael
Steve
Last Name
Lawrence
Dermer
Torres
Coryell
Diaz Buttacavoli
Rotbart
Zuckerman
Position/Title
ex-officio member of the CDAC
Term Ends: Appointed by: Term Limit:
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2012 Commissioner Jonah M. Wolfson 12/31/18
12/31/2013 Mayor Matti Herrera Bower 12/31/15
12/31/2012 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Ed Tobin 12/31/17
12/31/2013 Commissioner Deede Weithorn 12/31/13
12/31/2012 Commissioner Jerry Libbin 12/31/14
Patricia Walker ex-officio Finance director or his/her designee
Applicants
Allan Hall
Stephanie Berman
Position/Title Applicants
~··········~················· . .... ..... ~~~~~~~····
Lance Richardson
617
Position/Title
Page 29 of 51
Board and Committees Current Members
Marine Authority Sec. 2-190.46
Composition:
The marine authority shall consist of seven (7) voting members, who shall be direct appointments by
the mayor and city commissioners,
and one non voting, ex-officio member of the authority, who shall be a representative of the city
marine patrol.
Appointments to the authority shall consist of individuals who have had previous experience in the
operation of or inspection of either marine vessels or marine facilities including experience in various
types of boat activities, including fishing in the waterways of the city. The members of the marine
authority shall have the right and duty to consult with any member of the city administration for
technical or other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Vacancy:
Members:
Name
Antonio
Christopher
Daniel
Sasha
Stephen
Michael George
Applicants
Britta Hanson
Elaine Roden
Jonathan Beloff
Paul Friedman
Friday,
To replace Ira
Nusbaum
To replace Joel
Aberbach
Last Name Position/Title
Maldonado
Todd
Kipnis
Boulanger
Bernstein
ex-officio MB Marine Patrol
Position/Title
12/31/2012 Commissioner Jerry Libbin
12/31/2013 Mayor Matti Herrera Bower
Term Ends: Appointed by: Term Limit:
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2013 Commissioner Jorge Exposito 12/31/14
12/31/2013 Commissioner Jonah M. Wolfson 12/31/16
12/31/2013 Commissioner Ed Tobin 12/31/18
12/31/2012 Commissioner Deede Weithorn 12/31/18
Applicants
Christian Folland
Jacobo Epelbaum
Matthew Paulini
Robert Glick
618
Position/Title
of 51
2007-3570 s 2190-
Composition:
Twenty-one (21) members.
Each of the seven (7) members of the commission shall appoint three (3) members.
The chairperson of the Commission on the Status of Women or its designee shall serve as a non-
voting ex-officio member of the Community Relations Board.
City Liaison: Wanda Geist
Vacancy:
To replace Ana
Kasdin
To replace
Margaret (Peggy)
Benua
Members:
Name Last Name Position/Title
Claudia Moncarz
Debra (Debi) Quade
Elsa Orlandini
Francinelee Hand
Gertrude Arfa
Jessica Conn
Karen Edelstein
Laura Cullen
Laura Bruney
Leslie Coller
Maribel Quiala
Marjorie York
Mercedes Carlson
Monica Harvey
Nikki Weisburd
Regina Suarez
Regina Berman
Roberta Gould
Tiffany Lapciuc
Applicants Position/Title
Dale Gratz
Eda Valero-Figueira
Judith Berson-Levinson
Marjorie O'Neill-Butler
Michael Tichacek
Natalia Datorre
Rocio Sullivan
2012
12/31/2013 Commissioner Ed Tobin
12/31/2012 Commissioner Michael Gongora
Term Ends: Appointed by: Term Limit:
12/31/2012 Mayor Matti Herrera Bower 12/31/17
12/31/2013 Commissioner Jerry Libbin 12/31/19
12/31/2013 Commissioner Jonah M. Wolfson 12/31/13
12/31/2013 Commissioner Jerry Libbin 12/31/16
12/31/2012 Commissioner Ed Tobin 12/31114
12/31/2012 Commissioner Jonah M. Wolfson 12/31/19
12/31/2012 Commissioner Jerry Libbin 12/31115
12/31/2013 Commissioner Michael Gongora 12/31/19
12/31/2012 Commissioner Jorge Exposito 12/31/13
12/31/2013 Commissioner Deede Weithorn 12/31115
12/31/2012 Commissioner Jorge Exposito 12/31/16
12/31/2013 Mayor Matti Herrera Bower 12/31/13
12/31/2013 Commissioner Jorge Exposito 12/31/18
12/31/2012 Commissioner Jonah M. Wolfson 12131/1 3
12/31/2012 Commissioner Ed Tobin 12/31/15
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2012 Mayor Matti Herrera Bower 12/31117
12/31/2013 Commissioner Deede Weithorn 12131/15
12/31/2013 Commissioner Deede Weithorn 12/31/17
Applicants Position/Title
Diana Fontani Martinez
Jennifer Diaz
Maria Begonia Calcerrada
Merle Weiss
Molly Leis
Rebecca Boyce
Wendy Kallergis
of 51
619
Board and Committees Current Members
Miami Beach Cultural Arts Council
Composition:
Three (3) years term.
Vacancies submitted by slate of candidates provided by the council.
Sec. 2-51
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace Ileana
Bravo-Gordon
Members:
Name Last Name
Beatrice Hornstein
Charles Million
Daniel Novel a
Ed a Valero-Figueira
Gregory Melvin
Isadore Havenick
Marjorie O'Neill-Butler
Merle Weiss
Nina Duval
Zoila Datorre
Applicants
Annette Fromm
Calvin Kohli
Eugenio Cabreja
Janda Wetherington
Jean Fils
Jenna Ward
Karlene Mcleod
Maria Cifuentes Marrero
Michael McManus
Monica Harvey
Nathaniel Korn
Patti Hernandez
Robert Newman
Wetherington Janda
Position/Title
Position/Title
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2012 City Commission 12/31/15
12/31/2014 City Commission 12/31/14
12/31/2014 City Commission 12/31/15
12/31/2013 City Commission 12/31/13
12/31/2012 City Commission 12/31/15
12/31/2013 City Commission 12/31/17
12/31/2013 City Commission 12/31/13
12/31/2014 City Commission 12/31/14
Applicants Position/Title
Antoinette Zel
Elizabeth Pines
George Durham
Jason Witrock
Jean-Francais Lejeune
Jonathan Parker
Kumar Prakash
Mark Alhadeff
Molly Leis
Monica Minagorri
Oliver Oberhauser
Rebecca Diaz
Tamra Sheffman
Zarco Cyn
620
Page
Board and Committees Current Members
Miami Beach Human Rights Committee 2010-3669
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of and
in good standing with the Florida Bar, and have experience in civil rights law. The attorney member
shall also serve as chair of the committee.
City Liaison: Ralph Granado
Vacancy:
To replace Todd
Narson
Members:
Name Last Name Position/Title
Alan Fishman
Carlos J Ortuno
Dr. Barry Ragone
Elizabeth Schwartz Law
Michael Andrews
Rafael Trevino
Walker Burttschell
William Warren Jr.
Applicants Position/Title
~~·······~~~~~~·······~·····~········· •........................... ~......... ·~~~
Christopher Amisano
Lori Gold
Michael Perlmutter
Friday, August 31, 2012
12/31/2012 City Commission
Term Ends: Appointed by: Term Limit:
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 City Commission
12/31/2012 City Commission
12/31/2013 City Commission
12/31/2013 Mayor Matti Herrera Bower
Applicants Position/Title
Ivana Vento
Luis Herrera
Monica Harvey
Page33 of 51
621
12/31/16
12/31/16
12/31/16
12/31/16
12/31/16
12/31/16
12/31/16
12/31/19
Sec. 2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinating council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualify, the person shall
present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2)
years. City Liaison: Diana Fontani
Vacancy:
To replace other 12/31/2013 Mayor Matti Herrera Bower
Veronika
Pozmentier
To replace Daniela Krumlov, Czeck Rep. 12/31/2013 Mayor Matti Herrera Bower
Linden-Retkova
To replace Merle other 12/31/2013 Mayor Matti Herrera Bower
Weiss
To replace Michael Fujisawa, Japan 12/31/2013 Mayor Matti Herrera Bower
McNamee
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annette Fromm other 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Bruce Reich Nahariya, Israel 12/31/2012 Mayor Matti Herrera Bower 12/31/13
Elaine Roden other 12/31/2013 Mayor Matti Herrera Bower 12/31/17
Faye Goldin other 12/31/2012 Mayor Matti Herrera Bower 12/31/18
Gary Twist Fortaleza Brazil 12/31/2012 Mayor Matti Herrera Bower 12/31/17
George Neary other 12/31/2012 Mayor Matti Herrera Bower 12/31/16
Ileana Bravo-Gordon Rio de Janeiro, Brazil 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Jenna Ward Almonte, Spain 12/31/2013 Mayor Matti Herrera Bower 12/31/19
Jennifer Diaz Santa Marta, Colombia 12/31/2012 Mayor Matti Herrera Bower 12/31/19
Jessica Londono lea, Peru 12/31/2012 Mayor Matti Herrera Bower 12/31/17
Nuccio Nobel Cozumel, Mexico 12/31/2013 Mayor Matti Herrera Bower 12/31/16
Ray Breslin Brampton, Canada 12/31/2013 Mayor Matti Herrera Bower 12/31/16
Roberto DaTorre other 12/31/2013 Mayor Matti Herrera Bower 12/31/16
Stephanie Trinidad other 12/31/2012 Mayor Matti Herrera Bower 12/31/16
Wendy Kallergis Pescara, Italy 12/31/2013 Mayor Matti Herrera Bower 12/31/19
Zeiven Beitchman other 12/31/2012 Mayor Matti Herrera Bower 12/31/14
Applicants Position/Title Applicants Position/Title
Ana Kasdin Ann Thomas
Beatrice Hornstein Bruce Klaiber
Charles Million Claudia Moncarz
Daniel Sherbill Darin Feldman
Francesco Stipo Gabriel Paez
31,2012 Page 34 of 51
622
Board and Committees Current
Gregory Carney
Ivan Rusilko
Josephine Pampanas
Luis Iglesias-Ramirez
Maria Rodriguez
Raymond Adrian
Walter Lucero
Friday,
Israel Sands
Jacobo Epelbaum
Luis Giraldo-De Ia hoz
Marcella Paz Cohen
Michael Rotbart
Tamra Sheffman
623
Page35
Board and Committees Current Members
Normandy Shores Local Gov. Neighborhood lmpv. Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No. 97-22449 adopted July 2, 1997.
City Liaison: Ronald Loring
Vacancy:
To replace Geoff
Green
Members:
Name
Manuel
Ronald
Last Name
Minagori
Loring
Applicants
Jonathan Porcelli
Monica Minagorri
31,2012
Position/Title
Position/Title
12/31/2012 City Commission
Term Ends: Appointed by:
12/31/2012 City Commission
12/31/2012 City Commission
Term Limit:
12/31/15
12/31/14
Applicants Position/Title
Miguel Antonio Aviles
Sofia Emuriel
624
36 of 51
Sec. 2-171
Composition:
The board shall be comprised of ten (10) members.
Seven (7) direct appointments made by the mayor and each commissioner.
The chairperson of the following boards/committees or their designees shall serve as nonvoting ex-
officio members of the Parks and Recreational Facilities Board:
1) Beautification Committee,
2) Golf Advisory Committee, and
3) Youth Center Advisory Board (See Beach Preservation, ex-officio member.)
Members of the board shall demonstrate interest in the City's Parks and Recreational Facilities and
programs through their own participation or the participation of a member of their immediate family.
City Liaison: Kevin Smith
Name
Amy
Harriet
Jeffrey
Jonathan
Leslie
Lizette
Meryl
Last Name
Rabin
Halpryn
Forster
Groff
Graff
Lopez
Wolfson
Position/Title
(TL 12/31/2012)
Term Ends: Appointed by: Term Limit:
12/31/2012 Mayor Matti Herrera Bower 12/31/13
12/31/2012 Commissioner Jonah M. Wolfson 12/31/15
12/31/2013 Commissioner Michael Gongora 12/31/19
12/31/2012 Commissioner Deede Weithorn 12/31/17
12/31/2012 Commissioner Ed Tobin 12/31/15
12/31/2013 Commissioner Jerry Libbin 12/31/12
12/31/2013 Commissioner Jorge Exposito 12/31/13
Daniel Nixon
vacant
vacant
Ex-Officio mernber Beautification Committee
Ex-Officio member of the Youth Center Adv. Board
Ex-Officio member of Golf Advisory Commttee
Applicants
Annette Cannon
Dolores Hirsh
George Castillo
Jason Witrock
Laurie Kaye Davis
Maria Cifuentes Marrero
Michael Steffens
Miguel Antonio Aviles
Moni Cohen
Walter Lucero
31,2012
Position/Title Applicants Position/Title
................................................................... ~~~~····~ ........................................... ~
Dana Turken
Eleanor Carney
George Durham
Jonathan Parker
Liar Leser
Maria Rodriguez
Michael Tichacek
Mojdeh Khaghan
Paul Stein
625
Page of51
Board and Committees Current Members
Personnel Board Sec. 2-190.66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shalll be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
respective groups:
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Department,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Ramiro Inguanzo
Members:
Name Last Name Position/Title Term Ends:
David
David
Gabriel
Michael
Mojdeh
Richardson
Alschuler
Paez
Perlmutter
Khaghan
Rosalie Pincus
(TL 12/31/2012)
(TL 12/31/2012)
Christopher Diaz elected 07/20/2011 exp. 7/31/2014-Group I
Evette Phillips elected 07/09/2012 exp. 7/31/2015 Group III
George Castell elected 07/23/2010 exp. 7/31/2013 Group II
Ramiro Inguanzo Human Resources Director
12/31/2013
12/31/2012
12/31/2012
12/31/2013
12/31/2012
12/31/2013
Appointed by:
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Term Limit:
42134145
12/34/42
12/31!15
42/34/42
12/31116
42/34/15
Applicants
Elsa Orlandini
Lori Gold
Position/Title Applicants Position/Title
2012
Gail Harris
Richard Preira
626
<<<<<<<<<<<<<<<"<<<<<<<<
Page
Board and Committees Current Members
Planning Board Sec. 118-51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development, land development practices or land use issues.; however, the
board shalk at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture; or a landscape architect registered in the state of Florida;
or a professional practicing in the fields of architectural or urban design, or urban planning;
2) one developer who has experience in developing real property; or an attorney in good standing
licensed to practice law within the United States.
3) one attorney licensed to practice law in the state of Florida who has considerable experience in
land use and zoning issues;
4) one person who has education and/or experience in historic preservation issues. For purposes of
this section, the term "education and/or experience in historic preservation issues" shall be a person
who meets one or more of the following criteria:
A) Has earned a college degree in historic preservation;
B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
C) Is recognized by the city commission for contributions to historic preservation, education or
planning; and
5) three persons who are citizens at large or engaged in general business in the city
No person except a resident of the city, who has resided in the city for at least one year shall be
eligible for appoitment to the planning board. The City Commission may waive the residency
requirements by a 5/7ths vote in the event a person not meeting these requiremets is available to
serve on the board and is exceptionally qualified by training and/or experience.
City Liaison: Katia Hirsh.
Members:
Name Last Name
Charles Urstadt
Daniel Veitia
Henry Stolar
Jean-Francais Lejeune
Jonathan Bel off
Randy Weisburd
Robert Wolfarth
Applicants
"""""""""""'""""""'""""
Alexander Annunziato
Avi Ciment
Bryan Rosenfeld
Francis Steffens
Gary Twist
Jane Gross
Jessica Conn
Joy Malakoff
Friday, August 31,
Position/Title
General Business
Historic Preservation
General Business
Architect
Attorney
General Business
Developer
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2013 City Commission 12131/17
12/31/2012 City Commission 12/31/14
12/31/2013 City Commission 12131/13
12/31/2012 City Commission 12/31/17
12/31/2013 City Commission 12131/15
12/31/2012 City Commission 12131113
12/31/2013 City Commission 12/31117
Applicants Position/Title
Atala Anthony
Brian Ehrlich
Elizabeth Camargo
Frank Kruszewski
Guy Simani
Jeffrey Cohen
John Stuart
Lior Leser
627
Board and Committees Current Members
Mark Alhadeff
Noah Fox
Mario Courtney
Robert Sena
628
Page
Board and Committees Current Members
Police Citizens Relations Committee
Composition:
Sec. 2-190.36
The committee shall consist of seventeen (17) members,
fourteen (14) of whom shall be voting members.
The members shall be direct appointments with the Mayor and City Commissioners, each making two
(2) individual appointments.
One (1) non-voting ex-officio member shall be from the non-administrative personnel of the police
department selected by a majority vote of the non administrative personnel.
Two (2) additional non-voting ex-officio members shall be the police chief (or a designee) and the city
attorney (or a designee).
The chairperson of the committee or his/her designee shall serve as a non-voting ex-officio member
of the Community Relations Board.
The Police/Citizen Relations Committee shall be assigned to the Police Department.
Recommendations for appointment to all voting and non-voting membership selected by the Mayor
and Commission shall be obtained from;
the Spanish American League Against Discrimination (S.A.L.A.D.); the League of United
Latin American Citizens (L.U.L.A.,C.]; The Anti-Defamation League, (A.D.L.);
The Dade Action Pac; the National Association for the Advancement of Colored People
(NAACP A);
the League of Women's Voters,
and any other organizations deemed appropriate.
The voting members of the committee shall have knowledge of and interest in Police Community
Relations and their impact on the City of Miami Beach.
City Liaison: Chief Raymond Martinez
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Beverly Aberbach 12/31/2012 Commissioner Jorge Exposito 12/31/13
Claire Warren 12/31/2013 Mayor Matti Herrera Bower 12/31/18
Dina Dissen 12/31/2012 Commissioner Jerry Libbin 12/31/14
Gianluca Fontani 12/31/2012 Commissioner Jorge Exposito 12/31/18
Glenda Krongold 12/31/2012 Commissioner Ed Tobin 12/31/15
Hope Fuller 12/31/2013 Commissioner Jerry Libbin 12/31/16
Jared Plitt 12/31/2013 Commissioner Deede Weithorn 12/31/15
Jared Dokovna 12/31/2012 Commissioner Michael Gongora 12/31/17
Jonathan Parker 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
Michael Grieco 12/31/2012 Commissioner Michael Gongora 12/31/19
Mitchell Korus 12/31/2013 Mayor Matti Herrera Bower 12/31/18
Nelson Gonzalez 12/31/2013 Commissioner Ed Tobin 12/31/15
Steven Oppenheimer 12/31/2012 Commissioner Jonah M. Wolfson 12/31/17
Walter Lucero 12/31/2013 Commissioner Deede Weithorn 12/31/19
Alex Bello Non-adm. Personnel of the PD
R. Martinez Assistant Police Chief
Steve Rothstein City Attorney Designee
Applicants Position/Title Applicants Position/Title
629
and Committees
Barbara (Bunny) Patchen
Deborah Ruggiero
Eugenio Cabreja
Irene Valines
Kumar Prakash
Laura Marilla
Prakash Kumar
Richard Preira
Steven Gonzalez
2012
Bruce Klaiber
Erik Goldman
Irene Valines
Jessica Jacobs
Laura Cullen
Maria Begonia Calcerrada
Rachel Schuster
Rosemarie Murillo Likens
630
Page
Board and Committees Current Members
Production Industry Council Sec. 2-71
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make
one direct appointment.
All regular members shall have knowledge of the fashion, film, new media, production, television and
or recording industries of the city.
Each of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Members:
Name
Allee
Belkys
Bruce
Ivan
Ivan
Joyce
Noreen
Applicants
Irene Valines
Lisa Ware
Paul Friedman
Last Name
Newhoff
Nerey
Orosz
Parron
Pol
Gal but
Legault-Mendoza
Position/Title
Fashion
Production
Fashion
News Media
Recording Industry
Production
TV/Film
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 Commissioner Jorge Exposito 12/31/13
12/31/2013 Commissioner Deede Weithorn 12/31/18
12/31/2012 Commissioner Ed Tobin 12/31/15
12/31/2012 Commissioner Michael Gongora 12/31/16
12/31/2013 Commissioner Jerry Libbin 12/31/17
12/31/2012 Mayor Matti Herrera Bower 12/17/19
12/31/2013 Commissioner Jonah M. Wolfson 12/31/17
Applicants
Karlene Mcleod
Natalia Datorre
631
Position/Title
of 51
Sec. 2-176
Composition:
Committee consists of fourteen (14) members who shall be direct appointments, two (2)
appointments shall be made by the Mayor and each Commissioner.
The members shall have knowledge of and interest in the safety of the citizens of the city.
Ordinance 2010-3710 requires that one of the two direct appointments by the Mayor and each of the
City Commissioners be Citizen Emergency Response Team (CERT) certified.
City Liaison: Clifton Leonard
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Alfredo Rey 12/31/2012 Commissioner Deede Weithorn 12/31/17
Barbara Gillman 12/31/2012 Commissioner Jonah M. Wolfson 12/31/13
Baruch Sandhaus 12/31/2013 Commissioner Jorge Exposito 12/31/17
Calvin Kohli 12/31/2012 Commissioner Jerry Libbin 12/31/16
Irene Valines 12/31/2012 Commissioner Ed Tobin 12/31/19
Jane Hayes 12/31/2013 Commissioner Jerry Libbin 12/31/17
Jeannette Egozi 12/31/2013 Commissioner Michael Gongora 12/31/17
Jeff Gordon 12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
Jerry Marsch 12/31/2012 Mayor Matti Herrera Bower 12/31/13
Joel Aberbach 12/31/2013 Mayor Matti Herrera Bower 12/31/19
Marcella Paz Cohen 12/31/2013 Commissioner Deede Weithorn 12/31/16
Mark Jacobs 12/31/2012 Commissioner Jorge Exposito 12/31/18
Michelle Green 12/31/2013 Commissioner Michael Gongora 12/31/19
Oren Lieber 12/31/2012 Commissioner Ed Tobin 12/31/14
Applicants Position/Title Applicants Position/Title
Ida Percal Jason Witrock
Michael Tichacek Michelle Green
Orlinda Perez Perez Robert Blumenthal
Silvia Rotbart
Friday, of 51
632
Board and Committees Current Members
Single Family Residential Review Panel 2006-3529
Composition:
The panel shall be composed of three (3) members, two of whom shall be architects an/or other
registered design professionals, and one shall be a resident of the City, each to serve for a term of
one (1) year. Panel members shall not deliberate in more than four (4) meetings per calendar year
unless required due to inability to satisfy the quorum requirement.
Panel members shall be chosen by the City Manager or designee on a rotating basis or as available
from a list of not more than 20 architects and/or other registered design professionals, as well as a
list of residents of the City. In developing the list of registered professionals, names should be
submitted from the following associations:
(1) American Institute of Architects, local chapter
(2) American Society of Landscape Architects, local chapter
(3) American Planning Association, local section
(4) The Miami Design Preservation League
(5) Dade Heritage Trust -
Liaison: Thomas Mooney
Vacancy:
To replace Daniel Registered Design Prof. 12/31/2012
Vietia
Jorge Gutierrez Registered Design Prof. 12/31/2012
(TL 12/31/14)
Rafael Sixto Registered Design Prof. 12/31/2012
(TL 12/31/14)
Members:
Kathie G. Brooks, Int. City Manager
Kathie G. Brooks, Int. City Manager
Kathie G. Brooks, Int. City Manager
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
... ~ ....................... ~ ... ~ ... ~ ..... ~~~~~~~~···································~~~~~···········~···································~~~~··~~··················· ~~~~~····························~~~~~~·~······························~··
new member 12/31/2012
Applicants Position/Title Applicants Position/Title
Oliver Oberhauser
Page 45 of 51
633
Board and Committees Current Members
Sustainability Committee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non-
voting member and shall serve as the chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preserving the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Fred Beckmann
Members:
Name Last Name
Commissioner Gongora
Debra Leibowitz
Eric Hecht
Gabriole Van Bryce
Lanette
Lily
Luiz
Mitch
Amy Tancing
George Durham
Michael Laas
Russell Hartstein
Sobel
Furst
Rodrigues
Novick
Position/Title
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2013 Mayor Matti Herrera Bower
12/31/2013 Commissioner Deede Weithorn 12/31/15
12/31/2013 Commissioner Jerry Libbin 12/31/19
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2012 Commissioner Jorge Exposito 12/31/17
12/31/2013 Commissioner Jonah M. Wolfson 12/31/16
12/31/2012 Commissioner Ed Tobin
12/31/2013 Mayor Matti Herrera Bower
Applicants Position/Title
·~~··············································· ~~··~~~~················································
Elizabeth Pines
Marivi Iglesias
Michael Perlmutter
Walker Burttschell
634
Page
12/31/15
12/31/16
Board and Committees Current Members
Transportation and Parking Committee
Composition:
Committee shall consist of fourteen (14) members.
Sec. 2-190.91
The Mayor and City Commissioners shall each make one (1) appointment, with the other members of
the committee to be composed of members from the following community organizations, each of
which must designate a permanent coordinating representative:
1) Miami Beach Chamber of Commerce's Transportation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Dr. Association,
4) Miami Design Preservation League,
5) North Beach Development Corporation,
6) Mid-Beach Community Association,
7) Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serve at the will of the committee. Seven members
of the committee shall consist of a quorum of the committee and shall be necessary in order to take
any action.
The members of the voting committee shall have knowledge of and interest in Transportation and
Parking and their impact on the City of Miami Beach.
The members of the board shall be officially designated by their respective organization, and letters
certifying that designation shall be forwarded to the Miami Beach City Clerk.
City Liaison: Saul Frances
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Corey Narson 12/31/2012 Commissioner Jerry Libbin 12/31/18
Eric Ostroff 12/31/2012 Commissioner Deede Weithorn 12/31/18
J.P. Morgan 12/31/2013 Commissioner Michael Gongora 12/31/14
Josephine Pampanas 12/31/2012 Mayor Matti Herrera Bower 12/31/14
Maria Mayer 12/31/2013 Commissioner Ed Tobin 12/31/16
Scott Diffenderfer 12/31/2013 Commissioner Jonah M. Wolfson 12/31/15
Seth Wasserman 12/31/2013 Commissioner Jorge Exposito
AI Feola
Delvin Fruit
Jo Asmundsson
Mark Weithorn
Robert Newman
vacant
William "Bill" Hahne
Rep. for the Ocean Dr. Imp. Assoc. 12/31/12
Rep. for Mid-Beach Community Assoc. -12/31/12
Rep. for MBCDC 12/31/12
Rep. for NBDC 12/31/13
Rep. for MBCC 12/31/12
Rep. for Lincoln Road Marketing
Rep. for MDPL 12/31/13
Applicants Position/Title Applicants Position/Title
·································································································· ·····················································································
Cheryl Jacobs
Eleanor Carney
Gianluca Fontani
Jacobs Jacobs
2012
David Alschuler
Gerhard Rima
Ivana Vento
Jeffrey Feldman
635
12/31/16
Julio Lora
Michael Perlmutter
Rima Gerhard
Steven Oppenheimer
31,2012
Kumar Prakash
Orlinda Perez Perez
Sasha Boulanger
636
of 51
Board and Committees Current Members
Visitor and Convention Authority
Composition:
Sec. 102-246
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (2) nor more than three (3) members shall be representative of the hotel
industry;
2) and the remaining members none of whom shall be representative of the hotel industry, shall
represent the community at-large. Any member of the authority or employee therefore violating or
failing to comply with provisions of this article shall be deem to have vacated his office or position.
City Liaison: Grisette Roque.
Name Last Name Position/Title
Aaron Perry At-Large
Jaqueline Hertz At-large
Jeff Lehman Hotel Indus try
Keith Menin Hotel Industry
Margaret Benua At-Large
(Peggy)
Micky Ross Steinberg At-large
Steven Adkins
Applicants
Antoinette Zel
Calvin Kohli
Christine Taplin
Christopher Todd
Eric Lawrence
George Castillo
Israel Sands
Jeffrey Graff
Jonathan Porcelli
Karen Brown
Natalia Datorre
Steven Gonzalez
Friday, August 2012
At-large
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 City Commission 12/31/16
12/31/2013 City Commission 12/31/13
12/31/2013 City Commission 12/31/13
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/17
12/31/2013 City Commission 12/31/15
12/31/2012 City Commission 12/31/14
Applicants Position/Title
Brian Richard
Charles Million
Christopher Amisano
Diana Fontani Martinez
Frank Kruszewski
Harold Foster
James Lloyd
Jennifer Diaz
Joy Malakoff
Karlene Mcleod
Prakash Kumar
Zahara Mossman
637
Page
Board and Committees Current Members
Waterfront Protection Committee Sec. 2-190.122
Composition:
The committee shall consist of:
seven (7) voting members, one appointed by the Mayor and each Commissioner, and three (3) non-
voting ex-officio members to be comprised as follows:
1) Seven (7) citizens having an interest in the preservation of the city's beaches
and the purposes of the committee,
2) The city's environmental specialist as an ex-officio member,
3) An individual appointed by the Miami Dade County Department of Environmental
Resources Management (DERM), Natural Resources Division who holds the
position of Special Projects Administrator II as an ex-officio member and,
4) A member of the city's Beach Patrol.
City Liaison: Elizabeth Wheaton
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Barbara
Charles
Jeffrey
Matthew
Morris
Paul
Robert
Brian Flynn
Joe Fisher
Lisa Botero
Applicants
Alan Fishman
Luiz Rodrigues
12/31/2012 Commissioner Jerry Libbin 12/31/14
12/31/2012 Commissioner Deede Weithorn 12/31/18
12/31/2013 Mayor Matti Herrera Bower 12/31/19
12/31/2012 Commissioner Michael Gongora 12/31/13
12/31/2013 Commissioner Jorge Exposito 12/31/15
12/31/2013 Commissioner Ed Tobin 12/31/16
Hershkowitz
Fisher
Feldman
Krieger
Sunshine
Friedman
Kraft 12/31/2013 Commissioner Jonah M. Wolfson 12/31/16
ex-officio, Miami-Dade Co. Dept of Env. Res. Mgmt.
ex-officio, City's Beach Patrol Lifeguard II
ex-officio, City's Environmental Specialist
Position/Title Applicants
,,,,,.,,,,,,,,,,,.,,,,,,,,,,,.,,,,,,,,,,,.,,,,,,,,,,,,,,,
James Weingarten
Silvia Rotbart
Position/Title
Friday, August 31, Page 50 of 51
638
Board and Committees Current Members
Youth Center Advisory Board
Composition:
The board shall consist of ten (10) members,
Sec. 2-186
seven (7) of whom shall be voting members affiliated with the Scott Rakow Youth Center. Two (2)
student resident users of the facility shall serve as non-voting ex-officio members; one (1) of these
student users must attend a middle school, and the other must attend a high school.
The director of the office of children's affairs shall serve as a non-voting ex-officio member. The
chairperson of the Youth Center Advisory Board or his designee shall serve as a non-voting, ex-officio
member of the Recreational Centers and Parks Facilities Board, to be renamed the Parks and
Recreational Facilities Board.
City Liaison: Ellen Vargas
Vacancy:
Members:
Name
Annette
Dana
Esther
Jeffrey
Michael
Paul
Stephanie
Maria Ruiz
Applicants
Aida EI-Matari
Marie Towers
Last Name
Cannon
Turk en
Egozi Choukroun
Graff
Burnstine
Stein
Rosen
Position/Title
ex-officio student rep. of a Middle School
ex-officio student rep. of a High School
ex-officio Dir. of Children's Affairs
Position/Title
Term Ends: Appointed by: Term Limit:
12/31/2012 Commissioner Ed Tobin 12/31/18
12/31/2013 Commissioner Jorge Exposito 12/31/15
12/31/2012 Commissioner Michael Gongora 12/31/17
12/31/2012 Commissioner Jerry Libbin 12/31/16
12/31/2013 Commissioner Jonah M. Wolfson 12/31/19
12/31/2012 Mayor Matti Herrera Bower
12/31/2013 Commissioner Deede Weithorn
Applicants
Laurie Kaye Davis
Rebecca Diaz
Position/Title
Page ofSJ
12/31/16
12/31/15
639
NON-CTIY COMMISSION COMMITTEES
Ricky Arriola ending May 2014
Mitchell Kaplan Term ending September 2012
Richard Milstein Term ending July 2014
The Adrienne Arsht Center for the Performing Arts Center Trust
Mayor Matti Herrera Bower
Citizens Oversight Committee
Greater Miami Convention and Visitors Bureau (GMVB)
Tourism Development Council Reappointed 3/21/2012
Metropolitan Planning Organization (MPO)
Vacant
Miami-Dade County Homeless Trust Board
Commissioner Michael Gongora
Miami Dade League of Cities
Vacant
Dade Cultural Alliance
Victor Diaz effective 5/09/2012
Miami-Dade County Charter Review Task Force
F:\CLER\$ALL\a City Commission\NON-CITY COMMISSION COMMITIEES.doc
640
City Commission Committees
Committe a Position First Name Appointed by
Finance & Citywide Projects Committee
Chairperson Commissioner Deede Weithorn Mayor Bower
Vice-Chair Commissioner Jorge Exposito Mayor Bower
Member Commissioner Michael Gongora Mayor Bower
Alternate Commissioner Jerry Libbin Mayor Bower
Liaison Patricia Walker, Chief Financial Off.
Land Use & Development Committee
Chairperson Commissioner Michael Gongora Mayor Bower
Vice-Chair Commissioner Jonah Wolfson Mayor Bower
Member Commissioner Jerry Libbin Mayor Bower
Alternate Commissioner Ed Tobin Mayor Bower
Liaison Richard Lorber, Acting Planning Dir
Neighborhood/Community Affairs Committee
Chairperson Commissioner Edward L. Tobin Mayor Bower
Vice-Chair Commissioner Jerry Libbin Mayor Bower
Member Commissioner Jorge Exposito Mayor Bower
Alternate Commissioner Jonah Wolfson Mayor Bower
Liaison Barbara Hawayek, Building Dept.
Friday, August 31, 2012 Page 1 of 1
641
THIS PAGE INTENTIONALLY LEFT BLANK
642
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager /f'4
DATE: September 12, 2012
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS-CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
BOARDS AND COMMITTEES
1. Miami Beach Cultural Arts Council
2. Miami Beach Human Rights Committee
3. Normandy Shores Local Gov. Neighborhood lmpv.
KGB/REG
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR 09-12-12.doc
643
Agenda Item R q A I
Date 9-12.-f?-
THIS PAGE INTENTIONALLY LEFT BLANK
644
R9 -New Business and Commission Requests
R981 Dr. Stanley Sutnick Citizen's Forum. (12:30 p.m.)
R982 Dr. Stanley Sutnick Citizen's Forum. (5:30p.m.)
AGENDA ITEM: R9B1-2
DATE: 9-/f!~/2..
645
TH
646
m MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: July 13, 2012
SUBJECT: Agenda item for July 18, 2012 City Commission Meeting
Please place on the July 18, 2012 Commission Meeting a discussion item regarding
North Beach Quality of Life and Food Trucks.
If you have any questions please contact, Dessiree Kane at Extension 627 4
ET/dk
We ore commiffed Ia providing excel/en/ ptiblic service and safety to all who ltve, work, and ploy
647
THIS PAGE INTENTIONALLY LEFT BLANK
648
~ MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Kathie Brooks, Interim City Manager
FROM: Ed Tobin, Commissioner
DATE: July 13, 2012
SUBJECT: Agenda item for July 18th, 2012 City Commission Meeting
Please place on the July 18, 2012 Commission Meeting a discussion item regarding the
Convention Center.
If you have any questions please contact, Dessiree Kane at Extension 6274
ET/dk
We ore commilled to providing excellent public service and sol~'iy to of/ w/10 live, work. and ploy i
Date
649
THIS PAGE INTENTIONALLY LEFT BLANK
650
OFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY
TO: Mayor Matti Herrera Bower
Members of the City Commission
Kathy Brooks, Interim Cit a ager
./
FROM: Jose Smith, City A /·~y
MEMORANDUM
SUBJECT: Miami Beach Polic'e .letic ague (PAL) Investigation by the Miami
Dade Police Department Public Corruption Investigations Bureau
DATE: August 1, 2012
The City Commission requested that I contact the Miami-Dade Police Department
("MDPD") regarding the status of the pending investigation of the Miami Beach PAL.
My office contacted Major Carlos Garcia of the Public Corruption Investigations Bureau
("PCIB") of the MDPD, and confirmed that the PCIB commenced a "superficial" inquiry
surrounding the activities of the Miami Beach PAL. Subsequent to that initial
"superficial" inquiry, it was determined that a further investigation was warranted.
The PCIB then opened an official investigation surrounding the activities of the Miami
Beach PAL, and such investigation is being coordinated with the assistance of the State
Attorney's Office (the "SAO"). Assistant State Attorney Tim Vandergiesen, has issued
several criminal subpoenas. The investigation is currently pending and no further
details could be released.
J S/ AK/sc/mem
Agenda Item
Date q,/:Jc-ll.r
651
THIS PAGE INTENTIONALLY LEFT BLANK
652
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Kathie G. Brooks, Interim City Manager
FROM: Jonah Wolfson, Commissioner
DATE: September 5 1h, 2012
SUBJECT: Discussion Item September 12th, 2012 Commission Meeting
Please place on the September l21h , 2012, City Commission Meeting agenda a
discussion item on the status update regarding renewal of towing permits, amendments to
the Administrative Rules and Regulations for the Police and Parking Towing Permits, and
rates or charges associated with towing. Specifically, the discussion item is with respect
to any status report by staff and presented to the Commission.
If you have any questions, please do not hesitate to contact my office at extension 6437.
JW/Ih
VIe ore commilled lo providing oxceilenl pubilc 5(HVIW and safe' to oli who '•ve work ond ploy in our
653
Agenda ltem-.......;R.__q..____F __
Date_-...:.tJ-.__.-/...;;...;2...:.....'1:..:::2.:-;.....
THIS PAGE INTENTIONALLY LEFT BLANK
654
MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Ms. Kathie Brooks, Interim City Manager
Mr. Rafael Granado, City Clerk
Commissioner Deede Weithorn
September 4, 2012
Discussion Item for the September City Commission Agenda:
Regulation of new substances not controlled by State or Federal law.
On August 2, 2012 Commissioner Deede Weithorn submitted a referral to the September City
Commission agenda proposing a municipal prohibition on the sale and possession of uncontrolled
substances commonly known as "bath salts" and "synthetic marijuana." Research conducted by City
Attorney Jose Smith and First Assistant City Attorney Deborah J. Turner concluded that two new Miami-
Dade County Ordinances are now in effect in the incorporated and unincorporated areas of Miami-Dade
County that already address the issue of concern.
county Ordinance No. 12~44 creating section 21~22 of the county Code: prohibiting the sale, offer for
sale, purchase with intent to sell, or public display for sale of synthetic cannabinoid herbal incense.
county Ordinance No. 12-45 creating sect! on 21~22.1 of the county Code: prohibiting the sale, offer for
sale, purchase with intent to sell, or public display for sale of synthetic stimulant bath salts.
These two new County Ordinances were passed and adopted on July 3, 2012 (Effective July 13, 2012)
and regard prohibitions on synthetic marijuana and bath salts that mimic the illegal drugs listed in the
Schedule 1 controlled substances in the Florida Statutes. The new County laws address those substances
that have not yet been addressed in state or federal regulations and should state or federal regulations
be adopted that address the substances covered in the new County provisions, the County provisions
will no longer be deemed effective.
However, as per the attached resolution, it is Commissioner Weithorn's hope that this Commission will
join in urging the Florida Legislature to adopt further regulations to address synthetic drug chemicals
used to make bath salts and urge the DEA to make the one year ban on the sale and possession of
certain bath salt chemicals a permanent ban.
We are committed /o providing excellent pubiic service cmd .safer, to ell who !rve, work, and pia)' in our vi
Agenda Item 6-
Date ?-IJ-12-_.......::.........:....=:;.......:......::::;;;......_
655
RESOLUTION NO.-------
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING AND
ENCOURAGING THE FLORIDA LEGISLATURE TO ENACT
FURTHER LEGISLATION BANNING THE MARKETING,
POSSESSION, SALE, OR MANUFACTURE OF "BATH SALTS"
CONTAINING DANGEROUS SYNTHETHIC DRUGS OR
CHEMICALS, AND URGING AND ENCOURAGING THE
UNITED STATES DRUG ENFORCEMENT ADMINISTRATION
(DEA) TO MAKE ITS ONE YEAR BAN ON THREE SYNTHETIC
DRUGS USED TO MAKE BATH SALTS A PERMANENT BAN.
WHEREAS, certain synthetic drugs marketed as "bath salts" are powerful stimulant
drugs that are suspected to have been designed to avoid prosecution under existing State and
Federal controlled substance laws; and
WHEREAS, "Ivory Wave," "Purple Wave," "Vanilla Sky," and "Bliss" are among the many
street names of these so-called designer drugs; and
WHEREAS, by marketing these designer drugs as "bath salts" and labeling them "not for
human consumption," those who market, sell, and possess these dangerous drugs have been
able to avoid prosecution; and
WHEREAS, with recent developments involving individuals' use of "bath salts"
containing dangerous synthetic drugs, stricter measures must to taken to stop the growing
prevalence of these designer drugs; and
WHEREAS, the Florida Legislature enacted laws in 2011 and 2012 expanding the list of
controlled substances from which bath salts can be manufactured; however, drug designers and
chemists can re-configure the molecular structure of the compounds and chemicals made illegal
during the 2011 and 2012 Florida Legislative Sessions creating new and different chemical
compounds of similar chemical structure and effect, but not listed in the controlled substance
prohibitions in the Florida Statutes; and
WHEREAS, these new synthetic drug compounds will carry the same, or perhaps even
heightened, dangers associated with illegal drugs, and additional State legislation banning the
marketing, possession, sale or possession of bath salts containing dangerous synthetic drugs
will give law enforcement additional tools to keep our streets safe from new and emerging
dangerous drugs that ruin lives and cause havoc in communities across our nation; and
WHEREAS, in its Final Order effective October 21, 2011, the United States Drug
Enforcement Administration (DEA) made the possession or sale of three synthetic drugs illegal
under the Federal Controlled Substances Act for one year "to avoid an imminent hazard to the
public safety"; and
WHEREAS, the Mayor and City Commission of the City Miami Beach urge the DEA to
make the ban set forth in its one year Final Order permanent in order to protect our
communities.
656
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Florida Legislature is
hereby urged and encouraged to enact further State legislation than bans the marketing,
possession, sale or manufacture of bath salts containing dangerous synthetic drugs, and the
DEA is hereby urged and encouraged to make permanent its one year ban on synthetic
cathinoids pursuant to its Final Order of October 21, 2011. Moreover, the City Clerk is hereby
directed and authorized to send a copy of this Resolution to Governor Rick Scott and all State
Representatives and State Senators; the Executive Director of the Miami-Dade County League
of Cities; Michelle M. Leonhart, DEA Administrator; and to United States Attorney General Eric
Holder, Jr.
PASSED AND ADOPTED this_ day of September, 2012.
ATTEST:
Rafael Granado
City Clerk
F:\A TTO\TURN\RESOS\bath salts.docx
Matti Herrera Bower
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR:EXECUTION
j~tl
~j'
657
THIS PAGE INTENTIONALLY LEFT BLANK
658
R9 -New Business and Commission Requests
R9H Discussion Regarding Update On The Negotiations With Former City Manager
Jorge M. Gonzalez.
(City Attorney's Office)
Agenda Item
Date ~tv, 12-
659
660
R9 -New Business and Commission Requests
R91 The Committee Of The Whole Will Meet During Lunch Recess Of The
September 12, 2012, City Commission Meeting At The City Manager's Office
Large Conference Room To Discuss The Overview Of Job Audit For
Classification Of Office Associate V In The Office Of The Mayor And
Commission.
(Mayor & Commission)
Agenda Item R _...:....;;.........:;;;;;....... __
Date lf-/2. -tl-
661
THIS PAGE INTENTIONALLY LEFT BLANK
662
IBE
of Miami 1700 Convention Canter Drive, Miami Beach, Florida 33139, www.mlomibeochH.gov
COMMISSION
TO: Mayor Matti Herrera Bower and Members of the City
FROM: Kathie G. Brooks, Interim City Manager
DATE: September 12, 2012
SUBJECT: UPDATE TO THE JUNE 6, 2012, COMMISSION MEMORANDUM ON PUBLIC
TOWING PERMITS
The following is an update on the status negotiations between the Administration and the
Permitees.
On June 6, 2012, the Mayor and City Commission approved a deferral of Item No. R?G-
Update to the February 8, 2012, Commission Memorandum on Public Towing Permits to a
Special Joint Meeting of the Finance and Citywide Projects Committee (FCWPC) and
Neighborhoods and Community Affairs Committee (NCAC) to be held in July and the item
was to return to the September City Commission meeting.
The Administration met with both Permittees on July 24th and 26th, and discussed the
Permitees proposed increases to the maximum allowable towing rates. Additionally, there
have been a number of telephone discussions seeking ways to come to consensus on a
methodology, such that the Administration could have a more analytical basis to evaluate
the proposed rate changes .
The Permitees has cited the fact that the current towing rates have neither been increased
nor adjusted for CPI (Consumer Price Index) since 2005. It is important to note that
adjustments for CPI are typically not applied cumulatively in order to "catch up". However,
the Permittees did substantiate increases in operational costs related to the towing industry
(see attached), including:
• Property taxes on Miami Beach are higher than other towing agencies pay in other
areas of the County and have increased over time (see attached email Miami-Dade
County Property Tax Notice).
• Fuel prices have substantially increased (see attached email containing data from
the U.S. Department of Energy) from 2005 to the present.
• Labor expenses have also increased over the same period (see attached email
containing data from the U.S. Department of Labor Statistics).
While it is evident that there have been legitimate increases in operational expenses related
to the towing industry, the Administration has not been able to ascertain the specific impact
to the Permittees' operational expenses related to the City's Towing Permit.
Agenda Item R 9 _ __,;__,; __ _
Date Cf-1:2 -12-
663
Towing Permit Update
September 12, 2012
Page 2 of 2
It should also be noted that the Permittees were willing to escalate the implementation of
some technology enhancements including GPS tracking devices, towing software and
possibly in-vehicle cameras, had we been able to reach consensus on the amount of the
proposed rate increases. All other items remain as stated in the June 6, Commission
Memorandum as attached.
Do to the progress of the ongoing discussions between the parties, the joint meeting for
FCWP and NCAC was deferred from its scheduled meeting in July to a proposed joint
meeting of FCWP and NCAC, subject to confirmation, on September 24, The final item,
subject to direction of the joint committees, could be scheduled to be heard at an October
Commission meeting.
Attachments
KGB/PDW/SF
T:\AGENDA\2012\9-12-12\TowingPermitUpdateSeptember122012 cme.doc
664
~ MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.mlamibeachll.gov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City .Manager rx-A
June 6, 2012 () {_/
SUBJECT: UPDATE TO THE FEBRUARY 8, 2012 COMMISSION MEMORANDUM ON
PUBLIC TOWING PERMITS
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING AND APPROVING A MONTH TO
MONTH EXTENSION OF THE TOWING PERMITS WITH BEACH TOWING
SERVICES, INC. AND TREMONT TOWING SERVICES, INC., RESPECTIVELY;
SAID EXTENSION COMMENCING ON JULY 1, 2012, AND EXPIRING ON
DECEMBER 31,2012.
ADMINISTRATION RECOMMENDATION
Provide direction to the Administration.
BACKGROUND
The City's Police and Parking Departments Public Towing Permits, and related issues, have
been the subject of extensive discussion; both before the City Commission and at the
Committee level, (as heard on numerous occasions before the Finance and Citywide
Commission Projects Committee}. Most recently, the issue was brought before the City
Commission on February 8, 2012; at that time, the City Commission referred the towing
permit and related issues to a Special Joint Finance and Citywide Projects Committee and
Neighborhoods and Community Affairs Committee meeting. However, due to scheduling
conflicts, this special meeting has not yet taken place. The Administration is bringing the
issue back to the City Commission at this time for two reasons: 1.} To provide an update as
to what has transpired since the February 8, 2012, meeting; and more importantly, 2.} To
advise the Commission that, the most recent extension of the public towing permits expires
on June 30, 2012, further action is required should we wish to continue to have the current
permittees continue to provide towing services to the City's Police and Parking Departments.
PENDING ISSUES
At this time, the following represents a summary of the outstanding issues pertaining to the
City's Towing Permits (and related issues thereto}:
Status of Current Police and Parking Department Towing Permits
As provided under Sections 106-211 through 106-222 of the City Code (Police Vehicle
Towing), the City has two (2) permittees, Beach Towing Services, lnc.(Beach Towing), and
Tremont Towing Services, Inc., (Tremont Towing) charged with the task of towing and/or
storing of vehicles identified by the City's Police and/or Parking Department as requiring
removal from public property. The administrative process for considering applications for
these towing permits requires applications to be submitted to, and considered by, the City
665
Towing Issues Supplemental Memorandum
June 6, 2012
Page 2 of6
Manager, subject to final approval and award by the City Commission.
The latest towing permits with Beach Towing and Tremont expired on August 31, 2011. The
Permittees have been continuing to provide services on a month to month term, with an
outside expiration date for such term on June 30, 2012. At this time, in order for Permittees
to continue to provide the foretasted services to the City, the City Commission may elect to
either:
• approve an additional month to month extension (to allow for further negotiations); or
• issue new permits, for a three (3) year maximum term allowed under Code Section
1 06-215); or
• authorize the City Manager to issue a call for applications to provide public towing
services, under the City Code, the City Manager receives and screens the
applications and presents them to the City Commission for approval.
The Permittees have been involved in ongoing negotiations with the City regarding two (2)
issues:
Issue No. 1 (New Permit Term):
Permittees have requested the issuance of a new permit (having the three (3) year
maximum term). If the Mayor and Commission wish to grant a new three (3) year maximum
permit term, the Administration recommends that the Permittees agree to provide Item Nos.
1 through 6 below, as a condition of the three (3) maximum permit term.
1) Enhancements
• Uniforms-Requires Permittees to provide all employees with uniforms,
which shalt be approved by the City Manager or his designee.
• Employee Drug Screening -Requires Permittee to perform drug test
screening on all employees, and provide pass/fail results to the City
Manager or his designee, upon request.
e Driver's License Screening -Requires Permittee to perform driver's
license screening on all employees with driving responsibilities.
o Reducing the storage requirement within the City limits, from seven (7)
days to one (1) day.
2) Technologicallmprovements
Per the most recent discussions, were the City to issue Permittees new Permits (for
the maximum three (3) year term), the City required as a condition thereof the
following: ·
• By the end of the first Permit year (to be determined), Permittees shalt
have procured, installed, and implemented Global Positioning System
(GPS) tracking devices on all vehicles. Any such GPS tracking devices
must be accessible to the City for monitoring purposes.
o At the end of the first Permit year, and provided that Permittee has
complied with the GPS requirement, the City Commission shall review
666
Towing Issues Supplemental Memorandum
June 6, 2012
Page 3 of6
and, following such review, may elect, in its sole and reasonable
discretion, to require Permittee install the following additional
technological upgrades; one (1) each during the second and third Permit
years, respectively: a) towing software (which, at a minimum, includes
dispatch tracking software that is accessible to the City for monitoring
only purposes); and b) in-vehicle cameras (to monitor and record tows in
real time).
3) City of Miami Beach Resident Discounts for Public Tows
• In the event that the Commission renews the current permits, require
Permittees to provide a twenty percent (20%) discount to City residents
for public tows.
• Discounts may be applied two (2) times per Permit year, per resident,
per Permittee; resulting in a total up to four (4) resident discounts
annually.
• The discount benefit shall "reset" each Permit year, for as long as the
Permit is in effect.
• The 20% discount shall also apply to the City's fee.
4) Stronger Audit Rights
In order to clarify and strengthen the City's existing audit rights, as set forth in
the Administrative Rules and Regulations for Police and Parking Department
Towing Permits, Permittees shall meet with City staff including, without
limitation, the Chief Financial Officer and City auditor, to develop and
implement systems, procedures, and controls for the City's financial audits of
Permittees' operations pursuant to the Permit (i.e. for public tows only).
5) Dismissal of Existing Lawsuits
Dismissal, with prejudice of certain litigation initiated against the City by
Permittee Beach Towing Services, Inc.:
Beach Towing Services, Inc. v. The City of Miami Beach, Case No.
11-37364 CA 31, Eleventh Judicial Circuit, General Jurisdiction
Division (complaint challenging the adoption of Ordinance No. 2008-
3617 on robotic and mechanical parking);
Beach Towing Services of Miami, Inc. v. The City of Miami Beach,
Case No. 11-465 AP, Eleventh Judicial Circuit, Appellate Division
(petition for writ of certiorari challenging the Board of Adjustment's
opinion upholding the decisions of the Planning Director with respect
to a towing garage in the 1-1 district);
Beach Towing Services of Miami, Inc. v. The City of Miami Beach,
Case No. 11-466 AP, Eleventh Judicial Circuit, Appellate Division
(petition for writ of certiorari challenging the Board of Adjustment's
opinion upholding the decisions of the Planning Director with respect
to a towing garage in the 1-1 district.
The chart attached as Exhibit "1" to this Supplemental Memorandum, provides a quick
reference showing what the Permittees agreed to (and what they didn't agree to) with
667
Towing Issues Supplemental Memorandum
June 6, 2012
Page 4 of6
regards to the aforestated City-proposed additional benefits and concessions. More
specifically, the chart attached as Exhibit "2" to this Supplemental Memorandum, also
summarizes the Permittees' position as to certain City-proposed terms as of February 8,
2012.
Issue No. 2 (Maximum Allowable Rate Increases)
Permittees have requested an increase to the Maximum Allowable Towing Rates, including
the establishment of an Index for future adjustments. The Administration is seeking direction
from the Mayor and Commission regarding this issue. To date, the analysis regarding a
possible rate increase has centered on the annual, compounding effect of the CPI on the
current rate and what the rate would be had an index been in place. In addition, a
comparison of sixteen jurisdictions, including Miami Beach was conducted and it
demonstrated that the current Class A fee of $115 is the median fee for these jurisdictions.
A study that has not been conducted (because the City does not have access to the
information) is an analysis to determine the accuracy of the claims by the industry that their
business model is no longer profitable with the current rates. Any consideration by the
Commission to increase the rates should take into consideration such analysis to ensure
that any adjustment to the towing rates are fair and commensurate with the service being
provided.
The Mayor and Commission may also consider the following alternative to the Permittees'
proposed increases to the towing rates and fees.
Towing Rate Increase and Enhancements-Alternative
The Permittees have strenuously objected to providing any enhancements and/or
technological improvements requested by the City due to the additional operational costs for
instituting and maintaining such enhancements. In lieu of a rate increase, an alternative
solution is to allow for a "surcharge fee" for a limited period until those additional expenses
incurred by the Permittees are recuperated. It is estimated that a Surcharge of $2.00 per
tow could be enacted for a predetermined period of time or until such time that those
expenses are recuperated by the Permittees and then reduced to a lower surcharge fee for
any recurring fees or costs.
INITIATIVES SINCE FEBRUARY 8. 2012. CITY COMMISSION MEETING
Negotiations with Permittees
The Administration held two meetings with the Permittees on March 6, 2012, and March 21,
2012. The purpose of the meetings was to negotiate certain outstanding items, as directed
by the City Commission: temporary vehicle storage; defamation provision; penalties/fines
schedule, and method of payment. Unfortunately, these items were not reached during
negotiations as the Permittees disagreed with the Administration's account of the FCPC
direction regarding the implementation schedule for GPS Tracking; towing software/point of
sale system; and in-vehicle cameras. Additionally, prior to any further negotiations, the
Permittees sought the City Manager's endorsement of the proposed towing rate increases.
Despite the fact that the FCPC had approved the proposed rate increases sought by the
Permittees, the Permittees issued the ultimatum that there would be no further dialogue on
any of the issues until, the City Manager endorsed the proposed rate increases. As a result,
no further negotiations have taken place. These issues will be addressed at the Special
Joint Meeting of the FCPC/NCAC.
Audit of the City's Towing Permit
668
Towing Issues Supplemental Memorandum
June 6, 2012
Page 5 of 6
An audit of the Police and Parking Department Towing Permits has been completed. The
City engaged the accounting firm of Marcum Accountants and Advisors, to perform an audit
of the City's towing permits. The audit was completed (see attached) and there were no
material findings. The audit included recommendations to further enhance accountability
and address customer complaints.
However, neither Permittee agreed to voluntarily submit to an audit of their private property
tows. Commissioner Libbin had presented a proposed ordinance which was discussed at
the Finance and Citywide Projects Committee meeting of January 19, 2012, allowing for City
audits of private property towing permits. During discussion, the Committee made no formal
recommendation, but seemed inclined to consider the proposed ordinance should it be
revised to limit the scope of such audits for purposes of City insuring compliance with the
private towing agreements, but that it not delve into the company's financial records
pertaining to private tows. The ordinance is still in Committee and has not been brought up
again for discussion. This draft Code amendment is currently making its way through the
FCPC as a separate item.
Temporary Vehicle Storage
This is one of the outstanding issues with the Permittees which was resolved without any
further negotiations necessary with the Permittees. The Administration and City Attorney's
Office researched this issue and determined that no amendment to the City Code is
necessary. The City may utilize the Miami Beach Convention Center loading docks as
temporary vehicle storage for towing during high impact events. This accommodation was
successful during Memorial Day Weekend (MDW) 2011, and has been initiated for MOW
2012. It is anticipated that high impact events may trigger this need twice, annually.
OTHER RELATED ISSUES
The following are other related issues to the towing industry which are at varying stages of
progress.
Private Property Audits
Beach Towing and Tremont Towing have objected to voluntarily submitting to an audit of
private property towing agreements. Commissioner Libbin has proposed an amendment to
the City Code to allow the City to audit private property towing. The proposed ordinance is
still before the FCPC, but has not been brought up again for discussion.
Proposed Terminal Island Towing Storage Facility
The FCPC referred the issue of the City's in-house towing initiative to the full City
Commission as a discussion item, and it was also discussed at the recent City Commission
Retreat. Additionally, a traffic analysis to improve circulation and access to Terminal Isle,
including the impact of a towing storage facility, was conducted.
The development and reconfiguration of Terminal Island is necessary in order to move
forward with this initiative. The options available to the City include either: (1) development
and reconfiguration of the parcel currently under the City's control; or (2) pursue either
potential land acquisition and/or swaps with adjacent property owners.
At the request of the City Commission, a traffic study of the intersection of Terminal Island
and McArthur Causeway was conducted. With the proposed relocation of the towing storage
facilities to Terminal Island, it is anticipated that during peak hours there will be two trucks
coming to Terminal Island, and two leaving to go to Miami Beach. This volume is negligible
and, when added to the intersections, it causes negligible increase in delay. However, the
intersection at Terminal Island and McArthur Causeway, which is currently failing, will need
669
Towing Issues Supplemental Memorandum
June 6, 2012
Page 6 of6
to be improved to handle the additional traffic volumes.
As part of secondary findings of the traffic study, several improvement alternatives were
developed to simplify the geometry and traffic operation at the intersection of Terminal
Island and McArthur Causeway. All these alternatives developed will result in a significant
improvement in the intersection operation. However, the associated levels of service will
range between LOS C and LOS D from the current LOS F. These alternatives are being
discussed by the Land Use and Development Committee as part of overall traffic concerns
on Terminal Island, and are not related to the question of creating a towed vehicle storage
facility at this location. All of these conceptual alternatives will require additional studies to
determine feasibility and costs.
Moving the towing storage facilities to Terminal Island is feasible, but it could have some
impact on the daily operation of the City's Fleet Management and the Sanitation Department
located at Terminal Island. The biggest problem would deal with the accommodation of the
displaced parking areas that the new towed vehicle storage facility would occupy.
Partnering with the adjacent property owners would be required in order to explore
opportunities that would improve the City's operations, and to proceed with any of the
alternative improvements that physically modify the circulation on the island.
Additionally, and of equal importance, is the concern raised by the Palm, Hibiscus and Star
Island Homeowners Association. They have expressed opposition to the idea that towed
vehicle storage be relocated on Terminal Island (see Attachment A).
CONCLUSION
The City Commission has discussed the issue of the towing permits on several occasions
during the last year. Many issues of concern were identified and in order for these issues to
be discussed and analyzed in a thoughtful manner, the Commission has continued to
extend the permits on a month to month basis. However, it is important to note that the City
Commission must act and approve either a month to month extension or a new permit term,
as the current month to month extension will expire on June 30, 2012.
The following areas of concern have been touched upon during the last several Commission
and Committee meetings:
Rate increases;
Audits of both public and private operations;
Accountability initiatives by utilizing latest technology;
Establishing criteria for determining when a tow should be directed;
Impacts to the Sunset Harbor neighborhood;
Booting as an alternative to towing to diminish the impact to the surrounding
neighborhood;
Alternative venues for the storage of towed vehicles; and,
Conditional Use type limitations to mitigate impact of towing operations.
The Commission should provide policy guidance on this matter, including direction regarding
the towing permit term.
Attachments
JMG/RAAIJGG/SF
T:\AGENDA\2012\06-06-12\TowingPennitlssuesAdministrationUpdateJune62012.cme.docx
670
Frances, Saul
From:
Sent:
To:
Cc:
Attachments:
Dear Ms. Brooks:
Rafael E. Andrade, Esq. [ralph@randradelaw.com]
Friday, July 27, 2012 10:29 AM
Brooks, Kathie; Walker, Patricia
Gomez, Jorge; Frances, 'Russell Galbut'
U.S. Energy Information Administration: Miami, FL All Grades All Formulations Retail Gasoline
Prices
EMM_EPMO_PTE_ YMIA_DPGa.xls
Attached, please find the data from the U.S. Energy Information Administration for Miami, FL All
Grades All Formulations Retail Gasoline Prices from 2004 ($1.967 Dollars per Gallon) to 2011
($3.696 Dollars per Gallon). The increase 88%.
Please note that the data from the U.S. Energy Information Administration for Weekly Miami, FL All
Grades All Formulations Retail Gasoline Prices for the week of 07/23/12 is $3.704 Dollars per Gallon.
I hope this information is helpful. I am also trying to obtain my clients Property Tax data from 2004
to 2011.
Regards,
Ralph
Rafael E. Andrade, Esquire
Law Offices of Rafael E. Andrade, P .A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734 c 305.216.2028
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(s) to whom
it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not
copy or disclose it to anyone else. If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it
contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly
received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the
attorney-client or work product privilege that may be available to protect confidentiality.
IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any
attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code.
l
671
Workbook Contents
All All -""""'"""'"'""'"'"" per
Click worksheet name or tab at bottom for data
Worksheet Name Description
Miami, FL All Grades All Formulations Retail Gasoline Prices (Dollars p
Release Date:
Next Release Date:
Excel File Name:
Available from Web Page:
Source:
For Help, Contact:
7/23/2012
7/30/2012
emm_epmO_pte_ymia_dpga.xls
(202) 586-8800
672
Back to Contents
Sourcekey
Date
2003
2004
2005
2006
2007
2008
2009
2010
2011
Data 1: Miami, FL All Grades All Formulations Retail Gasoline Prices (D
EMM_EPMO_PTE_ YMIA
_DPG
Miami, FL All Grades
All Formulations
Retail Gasoline
Prices (Dollars per
Gallon)
1.631
1.967
2.443
2.726
2.927
3.447
2.521
2.93
3.696
673
Frances, Saul
From:
Sent:
Rafael E. Andrade, Esq. [ralph@randradelaw.com]
Friday, July 27, 2012 8:42AM
To: Brooks, Kathie; Walker, Patricia
Cc: Gomez, Jorge; Frances, Saul; 'Russell Ga!but'
Attachments:
Bureau of Labor Statistics Data: Miami Dade County, Florida -Motor Vehicle Towing
ATT00072.pdf
Ms. Brooks:
Attached, please find Bureau of Labor Statistics Dade for Miami-Dade County, Florida, for Motor
Vehicle towing from 2004 to 2011. The increase is 29%.
Regards,
Ralph
Rafael Andrade, Esquire
Law Offices of Rafael E. Andrade, P .A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734 c 305.216.2028
ralph@randradelaw.com
www.randradelaw.com
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. r\ndrade, PA ("Firm"}, and is intended solely for the usc of the lndlvidual{s) to whom
it is addressed. If you hclievc you rceeivcd this e..mall in error .• please notify the sender immediately, delete the e-mail from your computer and do not
copy or disclose it to anyone eL'>tL Ifyou are not an existing client of the Firm, do not <:onstroe anything in this e..mail to make yon a client unless lt
contains a specific <>'tatement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in oonfidenc.e. If you properly
received this ~?mail as a client, c<J--.oonnsel 9r retained e.xpert of the Firm, you should nmintain its oontents in coni1denee in order to presen'e the
attorney-client or work product privilege that may be available to protect confidentiality.
IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any
attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code.
From: "Brooks, Kathie"
To: "'Rafael E. Andrade, Esq.'"
<PatrlclaWalker@miamibeachfl,gov>
Cc: "Gomez, Jorge" , "Frances, Saul"
-""'~""'-'.""'-'-'~~~~~~~~~LL-, "'Russell Galbut'"
Subject: Federal Minimum Wage: 2004 vs. 2012
Date: Thu, Jul 26, 2012 7:20pm
That helps-but I was hoping for more specific information re average wage rates from the Bureau of Labor
Statistics-or even any for the Miami-Fort Lauderdale area.
Trish: lets touch bases in the am.
Kathie G. Brooks interim City Manager
1
674
1700 Convention Center Drive. Miami Beach, Fl33139
Tel: 305-673-7010 I Fax: 305-673-7782/ www.miamibeachfl.gov
We are committed to providing excellent public service and safely to ali who live, work and play in our vibrant. tropical, historic community.
from: Rafael E .. Andrade, Esq. [J:ll;illt!~~l@.!:ft!][@d§~.s;QJ!l]
Sent: Thursday, July 2012 5:28 PM
To: Brooks, Kathie; Walker, Patricia
Cc: Gomez, Jorge; Frances, Saul; 'Russell Galbut'
....... ~.....-· Federal Minimum Wage: 2004 vs. 2012
Dear Ms. Brooks and Ms. Walker:
The Federal Minimum Wage was
$7.25.
m 2004. The Federal Minimum Wage m 2012 1s
This reflects approximately a 41% increase from 2004 to 2012.
Is this the type of supporting information that you are seeking?
Regards,
Ralph
Rafael E. Andrade, Esquire
Law Offices of Rafael E. Andrade, P .A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734
c 305.216.2028
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A ("Firm"), and is intended solely for the use of the
individual(s'J to whom lt ls addressed. If you believe you received this ~7mall in error, please notify the sender immediately, delete the Nl.mil
from your computer and do not copy or disclose it to anyone else. If you are not an existtug client of the Firm, do not construe anything in
this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the .Firm in reply that you
expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain
its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail
or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code.
2
675
Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutputServlet
1 of2
A to Z Index I FAQs 1 About BLS I Contact Us Subscrbe to E-mal Updates
Follow Us I What's New I Release Calendar 1 Site Map
Search BlS.gov
Home Areas I Databases & Tools I Publications Economic Releases I Beta
Output From: 2004 To: 2011
include graphs
Data extracted on: July 26, 2012 (11:53:58 PM)
Quarterly Census of Employment and Wages
Series Id: ENUl2086505488410
State: Florida
Area: Miami-Dade County, Florida
Industry:
Owner:
NAICS 488410 Motor vehicle towing
Prlvale
Size:
Type:
Download:
TOOLS
All eslablishment slzes
Average Annual Pay
2004 2005 2006
CALCULATORS
2007
Year
HELP
2008 2009 2010
INFO
Areas at a Glance Inflation Help & Tutorials What's New
Industries at a Glance location Quotient FAOs Careers @ BLS
Economic Releases Injury And Illness Glossary Find It! DOL
676
FONT SIZE:
2011
RESOURCES
Inspector General (OIG)
Budget and Performance
No Fear Act
Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutputServlet
2of2
Databases & Tables
Maps
AboutBLS
Contact Us
Join our Mailing lists
linking & Copyright Info
USA.gov
Benefits.gov
Disability.gov
Freedom of Information Act I Privacy&. Security Statement I Disclaimers I Customer Survey I Il11l0rti!ll1: Web Site Notices
U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001
www.bls.gov I Telephone: 1-202-691-5200 I TDD: 1-800-877-8339 I Contact Us
677
Frances, Saul
From:
Sent:
To:
Cc:
Attachments:
Dear Ms. Brooks:
Rafael E. Andrade, Esqo [ralph@randradelawocom]
Friday, July 27, 2012 2:21 PM
Brooks, Kathie
Walker, Saul; Gomez, Jorge; 'Russell Galbut'
Notice of Proposed Property Taxes 2004-2003 vso 2011-2010
Notice of Proposed Property 2011-20100 pdf; Notice of Proposed Property Taxes
2004-2003, pdf
Please see the attached Public Records for 1349 Dade Boulevard, Miami Beach, Florida 33139. The
2004-2003 Notice of Proposed Property Taxes was $37,935.24. The 2011-2010 Notice of Proposed
Property Taxes was $58,034-47· This an increase of 53%.
Regards,
Ralph
Rafael E. Andrade, Esquire
Law Offices of Rafael E. Andrade, P .A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734
c 305.216.2028
NOTICE: This e-mail is from a law firm, Law Offices of Rafael K Andrade, PA ("Firm"), and is intended solely for the use of the individual(s) to whom
it is addressedo If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not
copy or disclose it to anyone elseo If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it
contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidenceo If you properly
received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the
attorney-client or work product privilege that may be available to protect confidentiality>
IRS CIRCULAR 230 Disclosure: Under U.So Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any
attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Codeo
1
678
OHke of the Property Appraiser 06
111 NW First Street, Suite 710
Miiuni, H, 33128~1984
NOTICE OF PROPOSED PROPERTY TAXES AND
PROPOSED OR ADOPTED NON-AD VAlOREM ASSESSMENTS
MIAMI-DADE COUNTY TAXING AUTHORITIES
Reprint of FOUO: 02-3133-012-0680 2719
FOJ .!0: 01-3133-012-0680
MILLAGE CODE: 0200
VINCENT J & BARBARA A l<'ESTA TRS
8660-4 VlLLA LA JOLLA DR
l'RO!'J<:RTY~ADDRESS:
1349 DADE BLVD
LEGAL DESCRll"I'!ON: LA ,JOLLA. CA 92037
ISLANDVIEWSUB Pll/5-115
LOTS ll & 12 BLK 16 A
LOT SIZE 17936 SQUARE FEET
Countywide 2,797,031 15,180.89
Library 2.797.031 794.36
!'lmLIC SCHOOLS:
By Stale Law 1,797!03_! 5.6160 15,708.13
By Locallloard 2/797!031 2.2480 6,287.73
MUNICIPAL:
Mi;nni Beach 2,797,031 6.2155 17,384.95 5.9029
WATER MANAGEMENT;
SFWM Dislrkt 2,797,031 0,5346 1,495.29 2,796,950 0.5451
Evergl•dr' CP 2,797,031 0.0894 250.05 2,796,950 0.0910
INDEPENDENT ll!STRICT:
F.I.N.D. 2,797,031 96.50 2!796;950 0.0356
ChHdren's Trust 2,797,031 1,398.52 2,796,950 0.4925
VOTER APPROVED DEBT
PAYMENTS:
Coun<y Deb! 2,791,031 1,244.68
School Deb! 2!797~031 1,076.86
Cily Debt 2,797,031
TOTAL AD VALOREM PROPERTY TAXES
5:01 PM, COM1\IISSION {cHAMliKRS, llll'<'W l ST, MIAMI.(Til{ij Jll~~
6:00PM, SCHOO!. BOARD A!!DITORWM, 1450 NE 2 AVE, MIAMI, (305) 995-!226
5:01 PM, COM MISSION CHAMBERS, 1700 CONVENTION CENTER DR, 3 FL, (305) 673-7510
5;15 PM, SFWMD Al!!JlTORWM, 3301 Gl!N CLl!B Rll, B-1 BLDG, W!'B, FL, (561) 686-8800
6;00 PM, DELRAY BEACH COMl\ollSSION CHAMllERS.100 NW 1 An:, (50!) 627-3386
5:01PM, MDC WOLFSON CAMPUS, 300 No: 2 AVJO:, BLllG 3, M!Al\11, (305) 571-5700
PURPOSE OF ASSESSMENT
Pro11!ded on th!s NoH<:e ;!It the reques~ at go11ern!r~g b0<1nis.
Ta)( Col!ector wm im:h.!!'!e oo Novernbru"T<>>o: Sill.
DO NOT PAY
THIS IS NOT A BILL
156311 Al
13,439,34
502.05
15,923.!)4
5,795.28
17,384.44
1,045.78
174.53
96.49
1,393.48
797.13
671.27
EXEMPTIONS APPUESTO ON AMOUNT lGU>XfMPTIONAMOUNT
If you feel thr..: market the
Your bl tax MU m~v ,;-rurt~m fi.OO-~Mi ~~!;}ft:.m assessments whkh may not be ref1~cted on this note, ~uth as as:::;e::;sments for fomt fftt~ ;~9~ ~ ruM~ m-rer+ sewer or other
aw-:mmt:inU!-tmvk.~~~nd ~Whkh ffl he levied bv t:{h#lty~ dty M &m-'j~>Jt district,
SEE REVERSE SIDE FOR EXPlANATIONS OF THE COlUMNS ABOVE
679
MIAMI-DADE DEPARTMENT OF PROPERTY APPRAISA~
111 NW 1 STREET SUITE 710
Hl 18601 A NOTICE OF PROPOSE})
PROPERTY TAXES
·'MIAMI. FI..ORIDA :l3128-19B4 ·
R/E FOLIO: 02-3233-012-0680
MILLAG~ COOE; 0~00
AND PROPOSED OR AJ)OPT:ED .
NON-AD VALOREM ASS'ESSMEN'fS
DONO'! PAY
06
VINCENT J & aARBARA A FESTA TRS
e6B0•4 VILLA LA JOLLA DR
LA JOLLA CA
82037
Your tl!XIi\S this year
Your property taxes if proposed budget
Tmug A.amoow lll$t¥Mr change i.s mad-e
county 13967.64 9881.95
PUbliC School:;;
By State Law 9086.111 8346.46
By 1-oc;:llll Boar-d 4038.51
MiaMI Beach 7B7B. 68 11366.93
I
W~ter Management
District 644.40 913.95
Evergl:ade5 CP 107.94 1f;i3.09
. . I ndapendent
ppeolal Dls~ric1;~•
.: F. I .N.D. 41.56 58.84
.~Childr-en·~ Tru!lt ~39.70 680.03
'
'
Voter Approv.,.d•
·Deb1;. p.,yment!l
Ccl...nty 307.63 1136.31
.. School 738.15 913.95
Miami Be<:>.:;:h 943.-'10 114f;i' 11 .
A
-~.Otel Proper-1;.y T2111es 2'1253 . .29 37,935.24
THIS IS NQT A BILL
~ 1!111ing •utoorill~ wbi~<l>. )"")' p!'(lp~rty
taxes a.ga.lnst )IOUJ' property will soon lwkl
1'11bll~ .a;,arll.ll$ to o.dQp! budg<;~s at;d ta:< raltB
for1benmym.
'l'lat~!.>fllll!~l'"oblkJl~~iiln
-tw: ~&om lhll ~ yublK:and to
111mmqvf~WIM.~ t>x;konp
IIJld lmd1¢'t l'rfur ToT aldng Flu ill M!kln.
Elwlltmllg !lllllrotl!y ~y Allrrml 1!11: ~its
propooals at tile bearing.
15LANO VIEW SUB PB 6-115
LOTS 11 & 12 BLK 1B A
~OT SIZE 17938 SQUARE FEET
_Prope~ty Addr: 1349 DADE BLVD
Yow taxes~
if!Jo bu!lge A public hearing oo the p{O!Hllled taxes
is made ;tnd bOOQ~ will be beJ.;L;
8771;1, Hl 9/07, 6:01 PM, COMMlSSION CHAMBERS
111 NW 1. ST, MIAMI. FL. (7E!6) ~31-6321
7834.38 9/08, 5:01 PM, SCHOOL BOARD AUDITORIUM
361$..22 1450 f\JE: 2 AVE.. MIAMI, FL (3CJ5) 996-1226
9666.10 9/09, 5:01 PM, COMMISSION CHAMBERS
1100 CONV~NTION CTR OR (305) 673-'7$.10
824.85 9/07. 5; 1J) PM. SFWM OIST AUDITORIUM
13'7.93 j 3301 GUN CLUB RD, WF'B (561) 686-8800
9/08, 6;30 PM. CITY HALL. 21 s. CYPRESS
52.36 FE.I..I...SMERE. FL' (561) sa7-nef.'l
680,"03 9/13, 5·:01 PM, SCHOOL BOARD AUDITORIUM
1450 NE '2 f>JVC., MIAMI. FL (305) 671-5700
436.31 REFER TO COUNTY PUBLIC HEARING ABOVE.
913.96 REFER TO PUBLIC SCHOOl.. H~RING ABOVE.
11 "15 ' 1 1 REFC.R TO MIAII'II BEACH HEARING ABOVE.
34084.42
i :: ;,. ] COLUMN2* • SEE REVERSE SIDE FOR IOXI>LANATIONS • COLUMN I~~< COLUMN-3* '
YQUr ):JIOj:l~rty valut Markel Value l Assessed Va-lue ExC)llJ?nDDS Taxable V~lue
laot year: ~003 1079402 1079402 0 107$402
Yo~r pfl:lp•rty val=
lhli year:2004 1530898 1530899 0 1530899
PROPOSED~~ AL01U!M. Ms:ESSMENTS .•
LewimtA~ Puroose o ~~t Units
.. Total (This amo:unt is included in T.olal ~ Th:l!llS nbm'e)
lfyo~ ~I tbe ~iltkm 118lllfi of your property u; lll'.ll'<'llf8.te or dQ~$ UQt ro6oc! jiur market value, or If you are entrtled 10 auxempt11m
!hat Is Mt ref\~Qll:d allow, I!J:I1\t>.ct y~ur eount:y prop&l'!y appd'S.iser at:
(305) 375-40B1 111 NW 1 $~£ET 8TH FLOOR (B;30 AM TO 4:30 PM)
If the j)TO!)cr:ty "'ltn"•lt•r's off!~)!) la 11nable to ~lvetm llJMWf0$1(1 ~ Vlhw or an tlrelll)lllon, you msy flle a petilioo f11T adj~true~ with tbu Vahro Adjuettnetlt Board;
petitio~ forms arc available from tbe o~ ~·~and ll1lWt be fd¢d~n or b~~rc; SEPT. 20, 2004
Sr. Taxable
0
0
AllSllS1I!ll!:lli
ST,
I
Your tlasl tax bill may oonle.in oon•od volonlm O$Stoll!lrne!lls whlch may not be ll'fie~~d on tb.i~ not;i~~ 311ch A$ O$!CS!Irnools for roadB, drainag;,
g~rrl),g;, frr~, lighting, WliiOI', Bewu, or other gov~mmental SD1'1ic~ :o:~d fiu;ilitic~~ which may bl; lev!M by your county, ~il)l, o~ ''~Y ~p~oial dl$tr)ct. l'TX•8060
Jl. 071'.!.004
680
R9 -New Business and Commission Requests
R9K Discussion On The Status Of The City Manager's Recruitment.
(City Manager's Office)
681
Agenda Item
Date
K
682
R9 -New Business and Commission Requests
R9L Discussion Regarding A Resolution Supporting A Ban On Texting And Driving.
(Requested by Commissioner Jerry Libbin)
683
Agenda Item
Date
THIS PAGE INTENTIONALLY LEFT BLANK
684
R10
CITY ATTORNEY REPORTS
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
flhe City Commission ;,,. TO:
,"
FROM: Jose Smith, City Attqmey
DATE: September 12, 201£~,
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
1. Citimortgaiie, Inc vs. Perry Tortorelli, et aL, Case No. 12-25745 CA 31 (Circuit
Court-11t Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 2131 Calais
Drive, #5, Miami Beach, Florida. The Summons and Complaint were served on
the City on July 9, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 17, 2012.
2. The Cit of Miami Beach a vs. Jason L. Zabaleta et al. Case No. 12-
26423 CA 21 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action for money damages filed on behalf of the City to recover unpaid
utility charges and City bills against Jason L. Zabaleta, the owner of the property
located at 4424 North Bay Road, Miami Beach, Florida. The Complaint was filed
on July 9, 2012 and Mr. Zabaleta was served on August 29, 2012.
3. The Bank of New York Mellon vs. Fabiana Navas! et aL 1 Case No. 12-26342 CA
22 (Circuit Court-11tfl Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 3180 Coral
Way, Unit TLL-4, Coral Gables, Florida. The Summons and Complaint were
served on the City on July 17, 2012.
The ~ity's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 23, 2012.
685
Agenda Item
Date
City Attorney's Report
September 12, 2012
Page 2
4. Bank of America, N.A. vs. Bonita S. Bona-Molina, et al.. Case No. 12-27491 CA
02 (Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 101 78th
Street, Miami Beach, Florida. The Summons and Complaint were served on the
City on July 18, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 23, 2012.
5. U.S. Bank National Association vs. Paula Daisy Gil de Lamadri, eta!., Case No.
12-26607 CA 10 (Circuit Court-11 1n Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located at 2601 Collins
Avenue, Unit M-5, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 18, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 23, 2012.
6. BankUnited, N.A. vs. Linda Graves Jelinek, et al., Case No. 12-26925 CA 10
(Circuit Court-11 ffi Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose .a mortgage on real property located at 5725 La
Gorce Drive, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on July 18, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 23, 2012.
7. Wells Fargo Bank, N.A. vs. Claudia Viola, et al., Case No. 12-27319 CA 08
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1500 Bay
Road, Unit 1204S, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 19, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 30, 2012.
686
City Attorney's Report
September 12, 2012
Page3
8. JPMorgan Chase Bank, National Association vs. Jorge Luis Morales, et al., Case
No. 12-27808 CA 27 (Circuit Court-11 111 Judicial Circuit in and for Miami-Dade
County, Florida)
This is an action to foreclose a mortgage on real property located at 15717 SW
80 Lane, Miami, Florida. The Summons and Complaint were served on the City
on July 19, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 30, 2012.
9. Green Tree Servicing LLC vs. Juan Garcia, et al., Case No. 12-27303 CA 21
(Circuit Court-11m Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16611 NW
89 Place, Miami Lakes, Florida. The Summons and Complaint were served on
the City on July 20, 2012.
The City's Motion to Dismiss for More Definite Statement was filed on July 23,
2012.
10. Calchas. LLC vs. Stephanie Harris, et aL, Case No. 12-28203 CA 58 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1525 Lenox ,
Avenue, Unit 1, Miami Beach, Florida. The Summons and Complaint were
served on the City on July 20, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on July 30, 2012.
11. Residential Credit Solutions, Inc vs. Dalia Chinchilla, et al., Case No. 12-28507
CA 59 (Circuit Court-11 1h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1345 West
Avenue, Unit 703, Miami Beach, Florida. The Summons and Verified Complaint
were.served on the City on July 24, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board..:up liens, and resort taxes was filed on August 6, 2012.
687
City Attorney's Report
September 12, 2012
Page4
12. CitiMortga~e, Inc. vs. Joseph Aguirre, et al., Case No. 12-28488 CA 25 (Circuit
Court-11 h Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 401 Ocean
Drive, Unit 805, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 25, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 6, 2012.
13. CitiMortga~e, lnc. vs. Raida Martinez, et aL, Case No. 12-28708 CA 31 (Circuit
Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 311 NE 117
Street, North Miami, Florida. The Summons and Verified Complaint were served
on the City on July 25, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 6, 2012.
14. The Bank of New York Mellon vs. Maritza Cruz, et al., Case No. 12-28775 CA 27
(Circuit Court-11tn Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 6450 Collins
Avenue, Unit 205, Miami Beach, Florida. The Summons and Verified Complaint
were served on the City on July 26, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 6, 2012.
15. U.S. Bank Trust, N.A. vs. Elena Seipel, et al., Case No. 12-29084 CA 58 (Circuit
Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1445 71
Street, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on July 27, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 6, 2012.
688
City Attorney's Report
September 12, 2012
Page 5
16. JPMor an C .A vs. Bladimir Gutierrez et al. Case No. 12-28832 CA
22 (Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 16950 W.
Dixie Highway, Unit A624, North Miami Beach, Florida. The Summons and
Verified Complaint were served on the City on August 1, 2012.
The City's Motion to Dismiss for More Definite Statement was filed on August 15,
2012.
17. Miguel 8. Lawson v. City of Miami Beach, et aL Case No. 12-22244-CIV jn the
United States District Court for the Southern District of Florida
According to the allegations of the Complaint, on the evening of June 18, 2008,
Lawson was a patron at, Mango's Tropical Cafe on Miami Beach. While on the
public sidewalk outside of Mango's Tropical Cafe, Lawson was confronted by
City of Miami Beach police officers summoned by the manager and/or owner of
the ~estaurant, including officers Philippe Archer, Neill Fagan, and Mishart
Torres. Lawson alleges that while on the public sidewalk, the officers grabbed
him and ripped the back of his shirt in the process. Although Lawson alleges that
no criminal act was committed in their presence, the officers handcuffed him,
arrested him, and threw him into the back of a police vehicle which brought him
to jail. The officers charged Lawson with: (1) Disorderly Conduct in an
Establishment; and (2) Trespass on Property. As a result of the arrest, a criminal
prosecution was initiated against Lawson in the County Court of Miami-Dade
County under case number B-08-034061. C 34. While incarcerated on June 19,
2008, Lawson was provided with a first appearance in front of the Honorable
Fred Seraphin. According to Plaintiff, Judge Seraphin found that no probable
cause existed for the arrest of Lawson and dismissed the case. The CAO has
filed a motion to dismiss the case for failing to state a cause of action. We will be
scheduling mediation to try resolving the case.
18.Navy Federal Credit Union.vs. Kevin A. Otway, et al., Case No. 12-29083 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 345 Ocean
Drive, Unit 218, Miami Beach,· Florida. The Summons and Complaint were
served on the City on August 3, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 14, 2012.
689
City Attorney's Report
September 12, 2012
Page 6
19. Robert Peri v. City of Miami Beach Case No. 12-30344 CA 23 (Circuit Court -
11th Judicial Circuit in and for Miami-Dade County, Florida)
This is the identical small claims matter reported previously, now filed in the
circuit court, involving the sale (illegal vending) of non-alcoholic beverages by
Robert Peri (the "Plaintiff") in various locations throughout the City of Miami
Beach. The Plaintiff has alleged that the City of Miami Beach negligently
deprived him of the monetary benefit surrounding the use of Plaintiff's personal
property based upon, Plaintiff's misdemeanor arrest for soliciting business upon
the City of Miami Beach's property in violation of Sections 74-1 and 82-1 of the
Miami Beach Code. The Plaintiff has alleged that the Miami Beach Police
Department, in conjunction with the arrest of the Plaintiff, improperly seized as
evidence the Plaintiff's bicycle and cooler, which was utilized for the illegal
vending activities in the City of Miami Beach. The allegations against the City of
Miami Beach are without merit, and the City Attorney's Office will file a Motion to
Dismiss.
20.Miguel V. Perez Escalona v. City of Miami Beach Case No. 12-30361 CA 09
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
Former City of Miami Beach employee Miguel V. Perez Escalona brought this
lawsuit charging the City with vicarious liability for allegedly slanderous
statements that were made to him by his former supervisor. The City Attorney's
Office has filed a motion to dismiss the complaint, and will continue to defend the
City in this case.
21. James Eugene Sines and Evelyn Sines, his spouse v. Fontainebleau Florida
Hotek LLC., City of Miami Beach, and Florida Department of Transportation
Case No. 12-13820 CA 09 (Circuit Court-11 111 Judicial Circuit in and for Miami-
Dade County, Florida)
The City was served with this complaint on August 8, 2012 alleging that on
January 23, 2012, the plaintiff, James E. Sines, was walking on the sidewalk
along the 4400 Block of Collins Avenue in front of the Defendant, Fontainebleau
Hotel when he tripped and fell as a result of an improperly maintained Tree Pit
Assembly that had fallen into a state of disrepair and was otherwise
unreasonably dangerous. As a result, Plaintiff, James E. Sines, fell to the ground
and suffered severe injuries including a fractured hip that required surgery to
repair and an extended hospitalization. The City shall file a response to the
complaint and propound discovery to the plaintiffs.
22. Wells Fargo Bank, N.A vs. lsidor Shniadoski, et aL, Case No. 09-81293 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 4610 Alton
Road, Miami Beach, Florida. The Summons and Amended Complaint were
served on the City on August 9, 2012.
690
City Attorney's Report
September 12, 2012
Page 7 ·
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 13, 2012.
23. GMAC Mortgage, LLC vs. Juan R. Ortega, et al., Case No. 12-31315 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 7635 NW 14
Court, Miami, Florida. The Summons and Complaint were served on the City on
August 10, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 13, 2012.
24. Thomas Pullen v · of Miami Beach Police De t Case No. 12-31273 CA 42
(Circuit Court-11 Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 14, 2012 alleging that on June
1, 2011, the plaintiff, Thomas Pullen, was pulled over at the turnpike in Miami
Dade County by City of Miami Beach Officer Lincoln at gunpoint and falsely
imprisoned and falsely arrested and charged with aggravated assault on a police
officer, fleeing and eluding a police officer and tampering/destroying evidence,
which were all no auctioned by the Miami Dade State Attorney's Office. The
plaintiff is alleging humiliation, mental suffering, bodily injury, pain and suffering,
loss of earnings and loss of capacity for the enjoyment of life. We shall file our
answer and assert affirmative defenses of Officer Lincoln acting outside the
course and scope of employment and acting willfully and wantonly and in bad
faith. Discovery shall also be propounded to the plaintiff.
25. Mayeul Moulin and Guy Sabine Moulin v. Philippe Archer, Ricardo Fernandez,
Elton Dorse Gordon The Ci of Miami Beach et al, Case No. 12-
3061 0-CA 23 (Circuit Court-11 Judicial Circuit, in and for Miami-Dade County,
Florida)
Plaintiffs have alleged that they were arrested and subjected to excessive force
by Miami Beach and Hialeah officers on Miami Beach while on family vacation.
The case was filed in Miami-Dade Circuit Court. The officers will remove the
case to federal court because it alleges federal civil rights violations against
them. The City Attorney's Office will defend the City after the case is removed.
26. Bank of America, N.A. vs. Luis A. Seoane, et al., Case No. 11-30976 CA 13
(Circuit Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 345 Ocean
Drive, Unit 702, Miami Beach, Florida. The Summons and Verified First
Amended Complaint were served on the City on August 16, 2012.
691
City Attorney's Report
September 12, 2012
Page 8
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 20, 2012.
27.JPMorgan Chase Bank, N.A. vs. Jorge Moreno, et al., Case No. 12-32182 CA 22
(Circ~it Court-11th Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1751
Washington Avenue, Unit 1 H, Miami Beach, Florida. The Summons and
Complaint were served on the City on August 7, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 21, 2012.
28. Kitzie Nicanor, Individually and as Parent and Natural Guardian of IVAN AYALA,
a minor · mi Beach Florida, Case No. 12-32625 CA 01 (Circuit
Court-11 Judicial Circuit, in and for Miami-Dade County, Florida)
The City was served with this complaint on August 20, 2012 alleging that on July
3, 2011, the plaintiff, Kitize Nicanor, suffered permanent injuries and her son lost
the services and comfort of her mother when Officer Derick Kuilan rode an ATV
while intoxicated and without the head lights on and struck Ms. Nicanor while she
was lawfully on the beach sometime after 5 a.m. on July 3, 2011. We shall file
our response to the complaint and propound discovery.
29. Espirito Santo Bank vs. Jaime Gaete, et al., Case No. 12-31691 CA 08 (Circuit
Court-11 ill Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1732
Meridian Avenue, Unit 705, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on August 20, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on August 23, 2012.
30. Mitch Novic and Mitchell Scott Investment Group. Inc., a Florida Corporation v.
Richard Lorber, in hls capacity as Cusotdian of Records and Acting Planning and
Zonin Director of the Cit of Miami Beach a Flo · tion
Case No. 12-26893 CA 09 and 12-33553 CA 04 (Circuit Court -11 Judicial
Circuit, in and for Miami-Dade County, Florida)
These two lawsuits allege that Mr. Lorber and the City violated the Florida Public
Records Law by not allowing the inspection and copying of certain documents
and files as requested by Kent Robbins on behalf of the Plaintiffs. These
documents relate to Mr. Novick's desire to transfer floor area from two adjoining
692
.
City Attorney's Report
September 12, 2012
Page 9
properties to build a rooftop addition to the Sherbrooke Apartments, through the
use of a covenant in lieu of unity of title. The Planning Director had determined
that the City Charter and Code do not permit such use of the covenant. Mr.
Novick has appealed the Director's determination to the Board of Adjustment,
and the documents requested will show how such covenants have been
approved previously. The City Attorney's Office will defend the lawsuits, as no
violations of the Public Records law have occurred.
31. Bank of America, N.A. vs. Daniel Depina, et al., Case No. 12-33531 CA 28
This is an action to foreclose a mortgage on real property located at 1460 Ocean
Drive, Unit 301, Miami Beach, Florida. The Summons and Complaint were
served on the City on August 28, 2012.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes will be timely filed.
32. State Farm Mutual Automobile Insurance Com an a/s/o Kata a Barran v.
The Cit}( of Miami Beach, Case No. 11-18277-SP-05 (Circuit Court-11 Judicial
Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on August 29, 2012 alleging that on
August 5, 2010, Katarzyna Baran, owned and operated a motor vehicle on the
roadway at 5th Avenue in Miami Beach and said vehicle was insured by
subrogee, State Farm Insurance. The vehicle was damaged as a result of an
uncovered manhole at 51h Avenue on the date in question. State Farm paid
$3,773. 79, for the damages which included a $500 deductible from the subrogor.
State Farm is suing to recover that sum, plus the costs of bringing the lawsuit.
We shall file our answer to the complaint and propound discovery.
JS:Ir
F:\ATTO\AAOFF\AAOFF\FILE.#S\Status report GAO 091212.doc
693
R10-Citv Attorney Reports
R 1 OB Notice Of Closed Executive Session
Pursuant To Section 447.605, Florida Statutes, A Closed Executive Session Will
Be Held During Recess Of The City Commission Meeting On Wednesday,
September 12, 2012, In The City Manager's Large Conference Room, Fourth
Floor, City Hall, For A Discussion Relative To Collective Bargaining.
694
Agenda Item
Date
K
695
REPORTS
AND
INFORMATIONAL ITEMS
-z
'TI
0 --I m s en
Reports And Informational Items
{see LTC #228-2012)
696
THIS PAGE INTENTIONALLY LEFT BLANK
697